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Eric Frechtel practices in the area of construction and government contracts. He represents general contractors, subcontractors, sureties, and owners, in both the prosecution and defense of claims on large public and private construction projects. He has significant litigation experience before both state and federal courts, including both bench trials and jury trials, and he has considerable experience in construction arbitration as well. View articles by Eric

Absent Timely Revocation, Government Acceptance Is ConclusiveIn a recent decision, the Armed Services Board of Contract Appeals issued a summary judgment ruling in a case involving government claims relating to the contractor’s supply of thermal sight systems for armored vehicles. The government contended that some of the sights were defective while others were delivered late.

As to the allegedly defective

Subcontractor Certification of Pass-Through Claim — Defective but CorrectableIn June, the Armed Services Board of Contract Appeals (ASBCA) addressed whether it had jurisdiction where a subcontractor pass-through claim was certified under the Contract Disputes Act (CDA) by the subcontractor’s president, not the prime contractor’s representative. In its motion to dismiss, the government argued that under the CDA, only the prime contractor could certify

OIG Report: SBA’s Administration of All Small Mentor-Protégé Program Falling ShortThe Small Business Administration (SBA) Office of Inspector General (OIG) recently issued a public report on the SBA’s All Small Mentor-Protégé Program (ASMPP), in which the SBA OIG found certain shortcomings in the SBA’s administration of the program. As discussed below, the report also provides a series of recommendations, most of which the SBA has