In 2023, the U.S. Court of Appeals for the Federal Circuit set important new jurisdictional precedent regarding the “sum certain” requirement in Contract Disputes Act claims that will impact how Government contracts cases are litigated, and will likely have reverberations for other jurisdictional decisions moving forward. At the Boards of Contract Appeals, the Armed Services Board of Contract Appeals provided grounds for contractors to challenge the statute of limitations timing of the Government’s cost claims following an audit, and the Civilian Board of Contract Appeals clarified that certain clauses can give the Government audit rights to fixed-price portions of a Government contract, even when the contractor was not obligated to submit certified cost or pricing data. These decisions, and others, are discussed in our article here.

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