· 2/5/1988
National Neighbors, Inc. v. The United States
Citations
- 839 F.2d 1539
- 34 Cont. Cas. Fed. 75,434
- 1988 U.S. App. LEXIS 1424
- 1988 WL 7189
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “the contractor is precluded by the [CDA] from pursuing its claim in both forums”
- noting that “an untimely appeal to the board is not a binding election under the Election Doctrine”
- stating that “a contractor’s filing of an appeal or initiation of a suit in a forum with jurisdiction over the proceeding” constitutes an election under the election doctrine
- finding that a contractor may either appeal a CO’s final decision to an agency board of contract appeals or to the Court of Federal Claims, but not both
- “The binding election of forums is an ‘either-or’ alternative, and, as such, does not provide a contractor with dual avenues for contesting a contracting officer’s adverse decision.”
- “the contractor is precluded . . . from pursuing its claims in both forums”
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Nies, Archer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.