• Government Contractors Must Now Assert Some Defenses as Affirmative Claims Or Lose Them
  • July 27, 2010 | Authors: Kevin J. Cosgrove; Carl D. Gray; Robert M. Tata
  • Law Firm: Hunton & Williams LLP - Norfolk Office
  • In a recently decided appeal, the United States Court of Appeals for the Federal Circuit held that a party could not assert a setoff defense to the government’s claim when the party had not asserted a formal claim for the setoff amount under the Contract Disputes Act. M. Maropakis Carpentry, Inc. v. United States, F.3d, No. 2009-5024, (Fed. Cir. June 17, 2010). This decision illustrates a potential trap where defenses are denied because they were not asserted as claims.