• R.D. Lieberman,Consultant

Boards Cannot Grant Injunctive Relief

The jurisdiction of the Boards of Contract Appeals is limited, and a recent case reminds us that Boards cannot grant injunctive relief or specific performance. BVB Const., Inc v. Dept of Veterans Affairs., CBCA 6318, Feb. 12, 2019. The appellant sought relief which the Contract Dispute Act does not grant to the Boards.

BVB sought to recover extended overhead costs based on project delays. Its complaint alleged breach of contract, breach of the duty of good faith and fair dealing, and negligence on the part of the government. During the course of the appeal, BVB moved for a temporary restraining order and preliminary injunction barring the agency from terminating the underlying contract for default while this case was pending.

Without waiting for a response from the agency, the board denied the request for the temporary restraining order and preliminary injunction, citing The Writing Co. v Dept of the Treasury, GSBCA 15097-TD, 00-1 BCA ¶ 30,840, and noting that the “Board Lacks the authority to issue the restraining order and the injunction.” In The Writing Co., the Board specifically held that Boards of Contract appeal lack jurisdiction over suits seeking injunctive relief or for specific performance.

After denying the injunctive relief, the Board noted that it would proceed with the appeal for overhead costs.

Takeaway. It is pointless to seek specific performance or injunctive relief at a Board of Contract Appeals. The Contract Disputes Act does not grant them authority to grant such relief, and your request will be denied, or if appropriate, dismissed.

For other helpful suggestions on government contracting, visit:

Richard D. Lieberman’s FAR Consulting & Training at https://www.richarddlieberman.com/, and Mistakes in Government Contracting at https://richarddlieberman.wixsite.com/mistakes

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The website of Richard Donald Lieberman, a government contracts consultant and retired attorney who is the author of both "The 100 Worst Mistakes in Government Contracting" (with Jason Morgan) and "The 100 Worst Government Mistakes in Government Contracting." Richard Lieberman concentrates on Federal Acquisition Regulation (FAR) consulting and training, including  commercial item contracting (FAR Part 12), compliance with proposal requirements (FAR Part 15 negotiated procurement), sealed bidding (FAR Part 14), compliance with solicitation requirements, contract administration (FAR Part 42), contract modifications and changes (FAR Part 43), subcontracting and flowdown requirements (FAR Part 44), government property (FAR Part 45), quality assurance (FAR Part 46), obtaining invoiced payments owed to contractors,  and other compliance with the FAR. Mr.Lieberman is also involved in numerous community service activities.  See LinkedIn profile at https://www.linkedin.com/in/richard-d-lieberman-3a25257a/.This website and blog are for educational and information purposes only.  Nothing posted on this website constitutes legal advice, which can only be obtained from a qualified attorney. Website Owner/Consultant does not engage in the practice of law and will not provide legal advice or legal services based on competence and standing in the law. Legal filings and other aspects of a legal practice must be performed by an appropriate attorney. Using this website does not establish an attorney-client relationship. Although the author strives to present accurate information, the information provided on this site is not guaranteed to be complete, correct or up-to-date.  The views expressed on this blog are solely those of the author. FAR Consulting & Training, Bethesda, Maryland, Tel. 202-520-5780, rliebermanconsultant@gmail.com

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