Choice of Forum

A contractor may appeal a contracting officer’s decision to the applicable board of contract appeals within ninety (90) days of receipt of the decision by filing a notice of appeal with the contracting officer, or by filing a complaint before the United States Court of Federal Claims (formerly known as the United States Claims Court) within twelve (12) months of the date of receipt of the contracting officer’s decision. FAR 33.211. Most construction contract appeals are taken to the boards of contract appeals because the board judges are generally more familiar with the complex factual and technical issues which construction disputes involve. If a claim involved with legal issues which have previously been decided by the Court, it might be advisable to file the appeal with the Court. Since the choice of forum (board vs. court) is not always easy, you should discuss the selection with your lawyer. Remember, however, that once you file your appeal with either the board or the court, you are “stuck” with that selection and you may not change your mind.

Updated: July 24, 2018