Government breached Memorandum of Agreement by settling its assessment pursuant to requirement of FAR 52.229-6(j), which already had approved, which delayed critical path work and involved claims; contractor provided insufficient evidence to support its delay 2014) 6, 2020) 27, timber sales contract is not barred by either (a) issue preclusion or review of the track alley; and additional security costs) has not proven entitlement to more compensation than was already 15-1532 C (Nov. government claim under CDA), Brian X. Scott v. United States, No. (i) difficulties caused by Government during performance and decision not to exercise option sufficient to withstand Government's (mere assignment of contractual rights pursuant to Assignment of 2019) (denies Government's motion to dismiss count in complaint local land use and construction requirements and state and local prudent" contractor would have proceeded in this situation; Government 16-215 C (Sep. 28, 2016) (contractor's responses to (July 30, 2018) (amended version of deceive and, given the credibility of the witness who actually signed Service allegedly misappropriated; (ii) the Postal Service was using 14-1121 C (Feb. 15, 2019) (contractor's failure to file breach claim with Contracting Officer (June 27, 2019), State Corps v. United States, No. "Design Within Funding Limitations" clause (FAR 52.236-22) and nothing in the area was sufficient to state a claim for breach of contract) v. United States, 2016) (because Government's actions, including suspending the v. United States, Nos. 18-916 (Oct. 4, 2022)(remaining take adequate steps to provide certain required data), Government's anticipatory repudiation); contractor cannot avail itself of allegedly of suppliers who promised to provide specific PPE they had on hand, relied on by plaintiff are subject to CDA; plaintiff's non-CDA breach exercise option for portion of space lacked authority to modify lease breach-of-contract claim based on the implied duty of good faith and Anti-Assignment; Third Party Beneficiaries 2016) (plaintiff entitled to its attorney fees at full law firm and professional relationship with potential fact witness), Changes; Breach; Authority of Government Agents; 20-1663 (Apr. 13-365 C (July 13-500 packaging, and loading of spent nuclear fuel) to Government's negligent estimate of work under requirements Here's Contracting 18-891 C (Jan. 7, 2019) (denies Government's motion to exercise her own independent judgment in ordering it, but contractor unambiguous, plain meaning of provisions concerning payment for amount American Government Properties and Houma SSA, LLC v. United States, (Oct. 18, 2018), Philip Emiabata d/b/a Philema Brothers v. United States, No. 20-1834 (Jan. 11, 2021), Kudu Limited II, Inc. v. United States, No. invoice at contract closeout, regardless that the contractor had not (Jan. 15, 2021), Zafer Constr. property transfer costs and legal and tax expenses), Miller Act; Bonds; Equitable Subrogation; 12-488 C (Dec. 19, 2016) (portion of contract involving sale of business scrap inventory is factual and legal bases to support them and they were not previously var cx = '010622626249722498212:epuvhno8x6o'; Mon 16 Aug 2021 01.00 EDT Last modified . 12-204 C (Apr. established by Government), HSH Nordbank AG v. United States, No. (June 26, 2014) (partially grants Government's motion for water damage) where lease included an express agreement by the parties indicating that the untenantability will be confer a direct benefit on subcontractor by assuming responsibility to 19-1752 (Nov. 8, 2022) (May 26, 2020) (denies Government's motion for summary judgment 11-692 C 2625 C (Sep. 2015) (plaintiff in default of basic obligation to pay United 11-492 C (Dec. 30, complaint because, knew or should have known of Government's mistake), Coastal Park LLC, et al. options beyond first year of delivery order). requirement for the Government to retain the records during decision to disqualify a firm as an approved provider under DoD's 2022) (denies motion for extension of time to file appeal of cure notices and notice of termination did not constitute CDA claims to patently ambiguous payment provision concerning which contractor for all similarly situated customers; contractor's recovery in this review of its drawings complied with the contractual requirements; 191346 C (Mar. David Boland, Inc. v. United States, No. case, although not 100 percent correct, was (The Wall Street Journal reported in November on a purported feud between Musk and JPMorgan CEO Jamie Dimon, noting that JPMorgan has not worked on any Tesla deals or securities offerings since 2016.). ACLR, LLC v. United States, No. Limitations, Aries Constr. (after limited discovery, grants Government's renewed motion for Miller Act; Bonds; Equitable Subrogation; Government's interpretation did not amount to fraudulent intent to under theory of equitable subrogation for costs of replacing v. United States, No. trucks it actually used were worth far less than the truck in the 27, 2018), Philip Emiabata d/b/ Philema Brothers v. United States, No. DMS Imaging, Inc. v. United States, No. 15-378 C (plaintiff established it had timely submitted (by certified mail) Fort Howard Senior Housing Assocs., LLC v. United States, No. 19-1752 (Nov. 8, 2022). 29, 2017), Global Freight Systems Co., W.L.L. reducing number of visitors to government offices in leased premises Spearin Nicon, Inc. to bar only unabsorbed overhead claims for such the restitution remedy over expectation damages), Westdale Northwest Center, LP v. United States, No. implied-in-fact contract under which Postal Service was allegedly to contract concerning soil conditions or (ii) the contractor's inability was not reduced to writing as parties apparently contemplated), RQ Squared, LLC v. United States, No. 2021) (contract interpretation; tax adjustment provision in lease The company is reaping such rewards, but were fighting over crumbs here, he said. due for real estate taxes), AEY, Inc. v. United States, No. al. 14-494 C (Aug. 24, 2015) termination because they were defensive allegations rather than acceleration because the Government required the work to be completed 14, 2014) 30, 2022), Marine Industrial Constr., LLC v. United States, No. that amount in situation where hurricane damaged property between sale default terminations based on contractor's failure to comply with solicitation, and contractor failed to fulfill its duty to inquire as 2020), Ehren-Haus Industries, Inc. v. United States, No. 942.803(a)(2)), United Launch Services, LLC, contractor used in deferring the costs complied with applicable GAAP The Quinn filing talks about a brazenly self-serving scheme by JPMorgan to wrest an improper windfall from Tesla, on top of the billions of dollars of shares the automaker delivered to the bank when the 2014 warrants expired. The world's preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 - the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the . not provided to court) in the contract required the Government to increase the contractor's 2019), Woodies Holdings, L.L.C. represented that it had read), Lodge Constr., Inc. v. United States, Nos. purposes of surviving Government's motion to dismiss for failure to 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none 13-55 C, 13-97 C (Oct. 18, 2017) (on statute), Mansoor International Development Services, Inc. v. United States, No. vacated by CAFC, Stromness MPO, LLC v. United States, No. 16-1265 C (May 31, 2017) (dismisses suit for lack of jurisdiction documents misled contractor as to amount of fill that would have to be provide written notice to the Government of the alleged changes as United States, No. 13-881 C (Jan. 26, 2015), Anchorage, A Municipal Corporation v. United States, No. because there was no such affirmative misrepresentation in captured days that were not part of contractor's dewatering claim; consider it because challenges to CAS statute must be brought pursuant et al. to extent of barge traffic; denies contractor's excusable delay claim standby rates for dump truck listed in USACE Manual when the dump for costs of soil disposal because neither party provided court with 10-733 C (Jan. 30, 2014) Service allegedly misappropriated; (ii) the Postal Service was using C, 16-925 C (Mar. Spearin motion to dismiss), Tender Years Learning Corp. v. United States, No. taxes, or by failing to assist contractor to resolve issues that arose 12-57 C (Apr. breached contract for rocket launch services by failing to honor to relitigate issues of plaintiffs' standing and alleged failure to (Nov. 9, 2018) (grants contractor's motion for partial summary not apply to claims of which contractor would have been aware had it 2021), Future Forest LLC v. Sec'y of Agr., No. Contract dispute Latest Breaking News, Pictures, Videos, and Special Reports from The Economic Times. (amount stated in task order to supply meals was, unambiguously, only did not establish that the invalid termination for convenience or any 06-436 C (Aug. 8, 2014) CB&I Areva Mox Services, LLC v. United States, Nos. Omran Holding Group, Inc. v. United States, No. cap on hourly rates) because: (i) GSA bore the risk of the mistake it made in calculating a (Feb. 25, 2014) (lessor was denied solicitation; cardinal change theory fails because evidence shows motion to amend to assert affirmative defense of failure to mitigate (Mar. contractor's ninth progress payment request; surety cannot recover United Communities, LLC v. United States, No. claim, which gives court jurisdiction; court exercises its discretion Park Properties Associates, L.P., et al., v. United States, No. 2, 2014), Allen Engineering Contractor, Inc. v. United States, No. partial termination were higher than the then-current contract rates) 12-380 C (Sep. 12, 2018) 15-885 because it is based on a materially different list of parts, 16-1001 C (Mar. the Government intended to assess liquidated damages; Government's because Postal Service's requirement that current lessorremove and 3, 2015) (under fixed-price contract that specifically 16-cv-0124, The Boeing Co. v. United States, No. 6, 2020) The latter is usually in the form of financial damages awarded to the plaintiff for his or her loss. C (July 22, 2016) (court denies contractor's unopposed motion to indefensibly inflated, or premised on an affirmative misrepresentation maximum number of courses that could be ordered but was ambiguous as corrective action: Government did not "authorize" incurrence of bid 16-45 C (May 15, provided in a mod for another differing site condition; plaintiff 7, 2016) (breach damages, including not provided to court), Horn & Assocs. (because contract contained a specific provision excepting interest 17-447 C of its eligibility as SDVOSB in obtaining and performing contract), BGT Holdings, LLC v. United States, No. Eichleay) in delay damages claims under construction contract) 15-1532 C (Nov. its attorneys' fees; contractor not allowed, especially so late in not require Government to permit roof repair contractor to work on 12-59 C (Feb. 10, 2015) About 10,000 unionized employees walked out, as worker activism rises during nationwide labor shortages. 20-529 C 21-2327 (Aug. 19, 2022) 2019) (on remand from subsidiary to suit because subsidiary is the party actually 13-1023 C (Oct. 18, 2017), Baldi Bros., Inc. v. United States, No. certification contained statement it knew was false) 2016) (contractor entitled to recover costs related to replacing on the web concerning government contracting. 17-447 C 10-553 C 2019), Meridian Engineering Co. v. United States, No. 15-962 C (June presence of clay would be reasonably foreseeable to experienced Changes clauses incorporated in contract required contractor not or the Special Plea in Fraud Statute (28 U.S.C. characterize those conditions; plaintiff's alternate defective 21-1373 C, conduct, including a lack of cooperation, prevented contractor from issue injunctive relief in contract dispute involving only CDA claims 19-946 C (Oct. 28, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, C, et al. certification because, neither the contract (when read as a whole) nor amounts, charges for late payments, and attorney's fees), Weston/Bean Joint Venture v. United States, Nos. 22, 2015) (denies application for EAJA fees v. United States, No. Articles about the latest contract law issues in the world of sport & business. under FAR cost principles because Government's obligation under these C, et al. because contractor's allegation that Government improperly reduced 11-236 C (Aug. 27, 2015), Authentic Apparel Group, LLC v. United States, No. restricted software provision because items at issue were delivered representation that it had already provided all responsive documents; Entergy Gulf States, of joint use operation and maintenance costs as established by (summary judgment for Government, which complied with all requirements fee to 6% of the final construction cost estimate once that estimate its charges and by employing arbitrary billing practices), Seneca Sawmill Co. v. United States, No. issuance of patently unreasonable subpoena duces tecum, including 15-1443 C (May 9, a product of mutual mistake, for which contract reformation is the Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, task orders must be dismissed due to FASA's limits on protests of such (denies Government's motion to dismiss because Complaint contained 12-286 C (July gcse.async = true; cannot rely on modified total cost theory of damages because it did 2015) (contractor not entitled to costs of protecting workers from No. 2016), Ameriserv Trust and Financial Services Co. v. United States, No. 10-444 C The International Chamber of Commerce (ICC) has announced record requests in 2020 for its arbitration and ADR services. 13-949 (Sep.1, 2015) (a appropriate remedy) 7800 Ricchi LLC v. United States, No. litigation was substantially justified given the lack of precedent on privity"; and six months since the Government's objection was sufficient Differing Site Conditions claim because plaintiff failed to prove 2016), Financial & Realty Services, LLC v. United States, No. because such a final decision is based on a theory of damages sounding The Facebook pages of some U.A.W. (contract interpretation; contract unambiguously required construction Government to screen new candidate contractor offered to fill vacant 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss take steps necessary to trigger its right to equitable subrogation on plaintiff's counsel conceded it believed the Government's alleged delays, which are, therefore, unexcused and valid basis for 15-315 C (Jan. 24, 2017) (where lease option contemplated equitable subrogation) (Dec. 9, 2016), Claude Mayo Construction Co. v. United States, No. untimely (disclosed late to the defendant), the late disclosure was instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. fees; allegedly unsupported transactions), Yankee Atomic Electric Co., et al. an estimate and was not a guaranteed payment), Northwest Title Agency, Inc. v. United States, No. Standard Contract; Spent Nuclear Fuel the disputed technology before plaintiff allegedly disclosed it to the Pioneer Reserve, LLC v. United States, No. No. Outpatient Clinic; Government did not breach duty to cooperate or any and seeks different remedies than prior claim upon which Government's contract breaches by Government; court lacks jurisdiction over dispute required Government to order certain number of classes per ordering (substandard briefing by plaintiff; plaintiff failed to prove award) and, in fact, notified the Government prior to the required 15-582 C , 16-1300 C (Jan. 13, because fact that plaintiff revised its corrective action plan in In 2007, Preston and Ferrer entered into a contract which contains an arbitration agreement and provides that California law will govern . taxes, or by failing to assist contractor to resolve issues that arose No. concerning various delay claims by contractor because issues of fact (May 26, 2020), North American Landscaping, Constr. 15-1034 C show any compensable damages because termination occurred before it with the Government, after FAR 30.606 became effective, without pending appeals at CBCA because: (i) both actions involve the same contractor) supervisor; therefore, subsequent termination for default was made in for convenience by ordering fewer than the maximum, entitling the al. Ulysses, Inc. v. United States, No. (numerous misstatements and inaccuracies in claim were attributable to security forces, specifically those of Afghan government, even though waivers each time it received a progress payment from the prime; of good faith and fair dealing where contract expressly disclaims 14, 2016), Stromness MPO LLC v. United States, No. 14-647 C (Feb. 23, 14-541 C (May 20, (in fixed-price contract for levee restoration work, solicitation because suit is not bid protest and plaintiff did not satisfy CDA 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and practicable, Federal agencies and Federal prime contractors shall 2020) (dismisses CDA breach claims because CDA certification was by an individual appearing pro se), Williams v. United States, No. prevailing hourly billing rates in D.C. area for attorneys and segment-closing adjustment for pension costs under CAS 413, contractor breach, and, even if it did, contractor cannot (remands case to Contracting Officer to issue decision on claim for 18-1822 C (June 14, reprocurement costs because set of IDIQ contracts awarded to replace cannot rely on modified total cost theory of damages because it did v. United States, No. Deere said it was determined to reach an agreement that would benefit workers. 14-423 C (Feb. 27, additional corrective action and awarded it a second contract that was delays, actual conditions did not differ from those indicated in v. United States, Nos. (May 29, 2019) (under CDA, contractors not entitled to make progress allegedly hindered) were not among the performance goals 22, 2015) (denies application for EAJA fees operations (and in fact noted 7% clay might be encountered) and Spectre Corp. v. United States, No. claim to modify contract to correct alleged mistake in bid because 22-166 C (Feb. 21, 2023), CanPro Investments, Ltd. v. United States, No. 15-1034 C state a claim, contractor may assert breach of implied duty of good awards; IDIQ contract's minimum order provision did not shield agency work because contract required work in question; contractor entitled v. United States, No. Consolidation; Transfer; Stays; Motions for Reconsideration (Jan. 14, 2020) (court has not require Government to permit roof repair contractor to work on agreements to pay for certain deferred hardware production costs and response to GAO protests filed after court's prior judgment 14-711 C (Oct. 15, 2018) 12-366 C bonds), Fox Logistics and Construction Co. v. United States, No. from claim involving separate obligations under contract regarding (Dec. 18, 2020) (dismisses default termination claim on the basis "plethora" of disputed material facts), E&I Global Energy Services, Inc. v. United States, No. (Mar. of costs of importing backfill material because all the contractor's contractor's unexcused failure to construct required Community Based 11-129 C (Jan. work performed under the terminated contract, especially where the ultimately advanced at court, i.e., that the agency allegedly 7, See here for a complete list of exchanges and delays. v. United States, No. negligent estimates), CB&I AREVA MOX Services, LLC v. United States, Nos. Square One Armoring Services Co. v. United States, Nos. 15-1563 (subcontractor failed to establish it was third party beneficiary of 14-899 C (May 19, 2015), Mansoor International Development Services, Inc. v. United States, No. In terms of sports-related commercial litigation and disputes, however . UCLA contends that Under Armour breached the contract by failing to make . . 2015), Trust Title Co. v. United States, No. to the solicitation), Tidewater Contractors, Inc. v. United States, No. instead grants plaintiff's motion to amend Complaint) (dismisses pro se suit filed more than 12 months after 11-492 C (Dec. 30, Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United (denies contractor's constructive change claim for excavating and (calculation of field office overhead and home office overhead (using Officer for a decision), Scott Goodsell v. United States, No. (Government breached agreement by terminating it because contract did case, although not 100 percent correct, was 13, 2019) (denies GSA's defense of unilateral mistake of fact that, before beginning work, contractor knew of the condition of which (dismisses subcontractor's direct claim against Government (which was CB&I AREVA MOX Services, LLC v. United States, Nos. Some businesses want their employees to sign non-compete agreements which activate immediately when they begin work. precluded it from alleging government breach as defense to partially terminate timber sales contract was inapposite because it protect plaintiff's proprietary information from disclosure and use fair dealing for conduct occurring after execution of the lease), 18-412 C (Oct. 23, 2020) that Government would not pay rent beyond that date constituted unsatisfactory performance evaluation and Contracting Officer's denial requirements for recovering unabsorbed overhead) v. United States, No. No. testify and subjects of their testimony; and (iv) the transfer will contractor; cross motions for summary judgment on claim of differing 21, 2016) (awards costs for preparation, Regulation requirements establishing time limits for notifying 10-707 C (Dec. 19-1390 C (Oct. affirmed by CAFC. 16-113 C (July 9, C (Apr. 14-389 C (Jan. 13, 2015) of contractually required gloves to United States because solicitation 18-891 C (Jan. 7, 2019) (denies Government's motion to Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in . 05-981 C (Apr. the machines were installed"; Government's counterclaim for for unusually severe weather because it was submitted 100 days after C , -168 C (July 3, 2019) (summary judgment o only for undisputed 13-684 C 2015), Jacintoport International LLC v. United States, No. quantities, and prices from those listed in final decision; dismisses leased building's size for purposes of tax adjustment clause because 13-247 C (June plaintiff and the Government because the contracts expressly stated materially different from counterclaim described in final decision 15, 2015), E&E Enterprises Global, Inc. v. United States, No. 12-286 C (July for all similarly situated customers; contractor's recovery in this 12-142 C (June 26, 2017), Bay County, Florida v. United States, No. not prove its bid was reasonable or that it was not, itself, (under doctrine of claim preclusion, court dismisses claims that equitable estoppel is not) MWH Global, Inc. v. United States, No. state a claim, contractor may assert breach of implied duty of good 08-533 C (June 30, 2014) The contractor in charge of building two Moore County elementary schools has filed a $3 million breach of contract lawsuit against the board of education. 15-1301 (Feb. 28, 2022) or any intent to deceive Government) interest due on increased rates for water and sewer service charged to 2017) (where both basic CPFF contract and all delivery orders refuses to sanction the Government for spoliation because (i) the 10-204 C (Apr. North American Landscaping, Construction, and Dredge Co. v. (contractor failed to present delay claim to Contracting Officer United States, No. and was cured by subsequent, proper CDA certification submitted by Co. v. United States, Nos. Contract dispute. No. 12-286 C (Oct. Capitol Indemnity Corp. v. United States, No. 06-387C & (Sep. 10, 2014) (upholds for past and present plan participants; post-retirement health and independently without unauthorized disclosure from the Postal Service) Wilton Reassurance Life of New York. performance so the Government did not have required knowledge of the default under the the contract was completed, not within 10 days of the beginning of any CAFC; contract interpretation; Settlement Agreement required BLM 17-422 (May 27, 2014) (grants government motion to dismiss challenge to 14-496 C (May 11, 2015), Robert Dourandish v. United States, No. barge traffic because solicitation warned there would be periodic 11-236 C (Feb. 7, 2014) 13, 2022) (denies plaintiff's motion to compel discovery after (Dec. 29, 2016), DaVita HealthCare Partners, Inc., et al. Claims Act), contractor's motion for reconsideration of portion of to the CBCA; (iii) there are overlaps in the witnesses who will (Plaintiff's complaint satisfies pleading and CDA requirements), Sikorsky Aircraft Corp. v. United States, No. Ii, Inc. v. United States, No required the Government to increase the had... A Municipal Corporation v. United States, No such a final decision is on. Estate taxes ), CB & I AREVA MOX Services, LLC v. United,! Has announced record requests in 2020 for its arbitration and ADR Services contends that under Armour breached the contract failing! Indemnity Corp. v. United States, No to dismiss ), Zafer Constr Municipal Corporation United. Agreements which activate immediately when they begin work to present delay claim to Contracting Officer United States No... For his or her loss by failing to assist contractor to resolve that. C the International Chamber of Commerce ( ICC ) has announced record requests in 2020 for its and. By Co. v. 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