Counsel Dan Ramish and Partner Zach Prince authored an article in American Bar Association’s The Procurement Lawyer, discussing the history and continued viability of nonmonetary claims.
Read an excerpt below:
Nonmonetary claims have long been a useful mechanism for contractors to obtain government direction on ambiguous or disputed contractual requirements. Nonmonetary claims allow the parties to address and resolve disputes before they incur substantial costs, avoiding the need to submit a claim for a sum certain.
In its 2018 decision in Securiforce International America, LLC v. United States, however, the U.S. Court of Appeals for the Federal Circuit ruled that when “the only significant consequence” of a claim will be money damages, the claim is in essence a monetary one and thus requires a sum certain. The decision seemed to narrow (if not prohibit) contractors’ ability to bring claims for nonmonetary relief. Securiforce raised the question of what claims are not ultimately reducible to money.
To read the full article in The Procurement Lawyer, click here.
