contracts). In a cost-reimbursement contract, the Government assumes all of the costs incurred by the contractor during performance, which engenders concerns regarding the Government’s ability to control expenditures and limit its liability. LOC and LOF provisions serve to permit the Government an opportunity to increase funding or terminate a project in an overrun status. A fixed-price contract, by contrast, is not subject to the same funding concerns because the contractor must perform without regard to the cost of work within the scope of the contract or under a fixed-price bilateral modification. A critical factor in the analysis of clauses limiting liability is the ability of the contractor to cease performance upon reaching full funding. See Advanced Materials, 108 F.3d at 310-11 (<HOLDING>); Ebasco Sews., 37 Fed.Cl. at 379-80 (noting
holding that limitation on cost is prospective and will not be retroactively applied when contractor may stop work prior to incurring costs above funding limitation holding that duration of limitation is a factor in determining whether limitation is significant recognizing that a principal may limit the authority of its agent and such limitation will be binding on a third party who is aware of the limitation holding that the discovery rule within mcl 6005838a2 is an alternative to the other periods of limitation and it is itself a period of limitation holding time limitation on statement of costs is not jurisdictional and late filing is within courts discretion