Government Contracting Database
New Claims Must Be Submitted to Contracting Officer
Under the Contract Disputes Act of 1978 (41 U.S.C. § 7103) a contracting officer’s decision (or failure to render a decision) on a written claim is an essential prerequisite to the vesting of jurisdiction in a contract appeals board to consider and adjudicate a dispute. Thus, new claims first advanced on appeal without being submitted to the contracting officer are beyond the jurisdiction of the Board. Appeal of: Flippo Constr. Co., Inc., DCCAB No. D-1422, 2017 WL 6209930 (D.C.C.A.B. June 9, 2017); Appeal of: Keystone Plus Constr. Corp., DCCAB No. D-1358, 2012 WL 554443 (D.C.C.A.B. Jan. 27, 2012); Modular Devices, Inc. ASBCA No. 24198, 82-1 BCA ¶ 15,536.
Updated: August 2, 2018
Looking for additional government contracting resources?
Search Our Database
Cherylyn Harley LeBon
Chair
Meet Our Team
Government Contracting Database
Related Capabilities
Government Contracting Compliance Contract Negotiation and Formation Dispute Resolution: REAs, Claims, and Terminations Dredging Federal Construction Contracting Federal Contract Administration Protests Small Business Procurement State and Local Government ContractingNews and Publications
March 30, 2026
/
Cohen Seglias
New Executive Order Issued Related to Diversity, Equity and Inclusion
January 5, 2026
/
Cohen Seglias
DoD Cybersecurity: The Government Continues Its Enforcement Effort
November 17, 2025
/
Executivegov.com
Cherylyn Harley LeBon Among Experts Providing Advice During Government Shutdown
Capabilities
Business Transactions
Commercial Litigation
Construction
Construction Contracts & Risk Management
Creditors’ Rights & Bankruptcy
False Claims Act & Whistleblowers
Family Law
Financial Services
Government Contracting
Government Law & Regulatory Affairs
Green Building
Insurance Coverage & Risk Management
Labor & Employment
Media Law & Right-to-Know
Municipal Law
Non-Profit
Rail & Transportation Law
Outside General Counsel
Real Estate
Research Misconduct
Safety Compliance & OSHA Defense
Student Defense
Title IX
Trademark & Copyright Law
Trusts & Estates
Unfair Trade Practices & Consumer Protection Defense
White Collar Defense & Internal Investigations
