Law360 Publishes Article by Zachary Jacobson and Ken Kanzawa on Recent Contract Disputes Decisions

Law360 ran an article by Zachary Jacobson and Ken Kanzawa, “Contract Disputes Recap: Estimates, Value, Gov't Causation” on March 25. The piece, a part of a monthly column following litigation brought under the Contract Disputes Act, examines recent decisions that provide important guidance on recurring issues under the Contract Disputes Act.

The article highlights three recent cases from the US Court of Appeals for the Federal Circuit, the US Court of Federal Claims, and the Armed Services Board of Contract Appeals, addressing estimated quantities in government contracts, valuation methodologies tied to GAAP, and the application of the sovereign acts doctrine. Together, the cases underscore how courts continue to enforce clear contract language and place a heavy burden on contractors to prove entitlement to recovery.

As the authors note:

“Estimated purchase volumes in blanket purchase agreements are not guarantees. Where an agreement expressly disclaims minimum quantities and funding obligations, courts will enforce those disclaimers as written.”

The full article is available here.