Since the Federal Circuit’s decision eight years ago in Maropakis, contractors seeking to defend against government claims have struggled to determine when their assertion of those defenses requires submission of an affirmative claim. Courts and Boards have also struggled to understand and apply Maropakis, with inconsistent results. The Federal Circuit’s recent decision in Securiforce only adds to the confusion. Further, the decision takes an alarming swipe at what was considered the settled law on nonmonetary claims. Richard C. Johnson and Ashley N. Amen discuss the implications of the recent Securiforce decision.
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