ASBCA Rejects "Gamesmanship" Regarding Accrual of Government Claims Under the Contract Disputes Act

As we have previously reported, contractors continue to successfully invoke the Contract Disputes Act's (CDA) six-year statute of limitations against the Government. In the most recent contractor victory, the Armed Services Board of Contractor Appeals (ASBCA or Board) held that the CDA statute of limitations barred a US$17 million government claim against Raytheon Missile Systems (RMS). Raytheon Missile Systems, ASBCA No. 58011 (Jan. 28, 2013). The decision, published on February 26, 2013, is noteworthy because it clarifies that the Government bears the burden of proving the timeliness of its own claims.