Law360 Publishes Article by Zachary Jacobson and Sarah Barney on Preserving Arguments in Contract Disputes

Law360 featured an article by Government Contracts associates Zachary Jacobson and Sarah Barney, “Contract Disputes Recap: The Right Argument, The Right Time.” The piece, published on June 5, 2026 as a part of a monthly column, examines recent decisions under the Contract Disputes Act that underscore the consequences of failing to raise arguments in the proper forum and at the appropriate stage of litigation.

The article highlights three recent rulings from the US Court of Appeals for the Federal Circuit and the US Court of Federal Claims, illustrating how contractors can forfeit otherwise viable claims by overlooking patent ambiguities, failing to present claims to the contracting officer, or attempting to relitigate issues already decided. Across the cases, the authors emphasize the importance of early issue preservation, careful claim drafting, and strategic procedural timing.

As Jacobson and Barney explain:

“Together, these decisions reinforce a recurring lesson: Contractors must preserve arguments early, present claims clearly and raise all relevant arguments the first time they litigate.”

The full article is available here.