- with readers working within the Banking & Credit and Securities & Investment industries
- within Coronavirus (COVID-19) topic(s)
Every year since 1979, the Armed Services Board of Contract Appeals (ASBCA) has issued a Report of Transactions and Proceedings (Report), which provides helpful statistics for contractors and practitioners regarding the ASBCA's docket and success rates for contractor litigation and ADR. The ASBCA published its FY 2025 Report on October 30, 2025.
This past year, the ASBCA disposed of399 cases, a slight decrease from 419 cases in FY 2024. According to the Report, the agencies with the most docketed cases were the U.S. Army Corps of Engineers and the U.S. Navy, which were involved in 104 and 66 Board cases, respectively.
In a year that saw the ASBCA resolve 140 cases on the merits,the Board considered various issues, including claim accrual, improper terminations for default, Contract Disputes Act (CDA) jurisdiction, and compensable delay. The Board found in favor of contractors, in whole or in part, in 67% of decisions. In addition to trying notable ASBCA cases, Crowell's Government Contracts group stays current on cases decided by the ASBCA, and reports of these cases can be found on our Government Contracts Group's "Insights" pagehere.
The U.S.Court of Appeals for the Federal Circuit docketed 10 new appeals from the ASBCA and disposed of 21 appeals. Of those 21 appeals, the Federal Circuit affirmed 14 ASBCA decisions, vacated and remanded three, and dismissed four.
Finally, this year's Report reflects that Alternative Dispute Resolution (ADR) continues to be an effective method for resolving disputes at the ASBCA. Specifically, the report notes that 46 of the 80 ADR cases were mutually resolved, 17 cases were pending at the close of the fiscal year, and an additional eight cases had ADR sessions scheduled for FY 2026.
Contractors continue to see success at the ASBCA whether the case is litigated on the merits or resolved through ADR.
The full report can be foundhere.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
