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Barron Avery, William O'Reilly Article Analyzes Claim Assignment Ruling in Federal Contract Disputes

Articles / January 5, 2018

Partner Barron Avery and Associate William O’Reilly authored an article published in Pipeline, a publication of the National Association of Surety Bond Producers (NASBP). The article, “Armed Services Board Limits Reach of Claim Assignments to Sureties,” discusses a recent decision by the U.S. Armed Services Board of Contract Appeals that limits a surety’s ability to step in the shoes of the contractor under contracts with the federal government, ruling that a contractor’s appeal rights under the Contract Disputes Act are “unwaivable.”

Avery and O’Reilly note that sureties should account for this limitation when negotiating with contractors at the start of a project as well as when settling claims with the government after a default.

Read the article.

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