DOT Contractor Cleared to Raise New Defenses in Termination Case

Jita Contracting Inc. can raise two new affirmative defenses in its challenge to the US Department of Transportation’s termination of its contract to resurface two roads in Mesa Verde National Park, Colo., a contract appeals board said in a decision released Wednesday.

The department said the the proposed amendments are too late and would be prejudicial.

But they are closely related to defenses of which the department was already aware, and the department didn’t show it lacks or can’t obtain information it will need to rebut the defenses, Board Judge Kyle Chadwick of the Civilian Board of Contract Appeals said. ...