ECC Int’l v. Sec’y of the Army: Fed. Circuit Rules on CDA Sum-Certain Requirement

ECC International sought $13.5 million and additional contract time for alleged government-caused delays on an Afghanistan construction project. The Armed Services Board dismissed the claim years later because the individual delay categories allegedly lacked separate sums certain. The Federal Circuit held that the sum-certain requirement is mandatory but nonjurisdictional, reversed the dismissal, and remanded for consideration of whether the government forfeited its objection by raising it after extensive proceedings.

Source article:https://www.whitcomblawpc.com/business-law-blog/ecc-intl-v.-secy-of-the-army-fed.-cir.-rules-on-cda-sum-certain-requirement