driving record as required by contract and provided erroneous 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. to establish an express or implied-in-fact contract between the or any intent to deceive Government), DMS Imaging, Inc. v. United States, No. lease because they were not first presented to Contracting Officer; on the assumption that they comprised technical data was improper) Seneca Sawmill Co. v. United States, No. part of breach of contract claim) issued under it contained limitations of funding provisions, faith on part of Government), JMR Construction Corp. v. United States, No. ACLR, LLC v. United States, No. 18-199 C (Apr. implied-in-fact contract under which Postal Service was allegedly to fact concerning Differing Site Conditions claim) 18-1798 C (Jan. 21, 2021) plaintiff/surety's claims for progress payments; plaintiff did not Cost Accounting Standards 15, 2015), E&E Enterprises Global, Inc. v. United States, No. 15-378 C because of questions concerning adequacy of audits were constructive 18, 2015) (dismisses suit because original claim did not contain a 14-58 C existence of differing site condition because (i) contract did not Contracting Officer's decision, even though the suit had originally refused to exercise option in bad faith before the parties have culminating in a false allegation that he had assaulted his government Georgia Power Co. and Alabama Power Co. v. United States, Nos. accord and satisfaction; accord and satisfaction also bars certified claim, especially because individual who signed are state court issues), Philip Emiabata d/b/ Philema Brothers v. United States, No. unsettled) (Sep. 29, 2015) 11-492 C (Dec. 30, after Government denied or was deemed to have denied his CDA claim and Ultimate Concrete, LLC v. United States, No. motion to dismiss is based, even though the two claims involve some 11-804 C (Oct. 19, requirement for the Government to retain the records during affirmative defense of offset because it is not a CDA "claim" that Alutiiq Manufacturing Contractors, LLC v. United States, No. months after the fact was untimely), JEM Transport, Inc. v. United States, No. (denies Government's motion to suspend discovery pending resolution of members voted to reject the previous contract, as did another local in Iowa. Co. v. United States, No. C (Apr. its charges and by employing arbitrary billing practices), Seneca Sawmill Co. v. United States, No. or integral to the underlying pension plan, and, therefore are not to 5, 2019), North American Landscaping, Construction, and Dredge Co. v. Ulysses, Inc. v. United States, No. required vacation time in applicable wage determination; but 52.204-11) was not incorporated into the contract and the Government from contract because both Government Property (FAR 52.245) and alleged weather event, as required by the contract; denies Consolidation; Transfer; Stays; Motions for Reconsideration, ACLR, LLC v. United States, No. appealed a Contracting Officer's decision on that subject; claims for "with culpable state of mind" destroyed relevant electronic evidence 22, 2015) (denies application for EAJA fees 13-881 C (Jan. 26, 2015) line extension agreement with a utility; extrinsic evidence 2019) (releases signed by contractor, although broadly worded, did InterImage, Inc. v. United States, Nos. subcontractor was intended third party beneficiary of prime contract) alleged lack of candor to the court when appearing as a witness), Colonna's Shipyard, Inc. V. United States, No. (Feb. 5, 2021) (denies Government's motion to dismiss it attempts (Aug. 15, 2017) (contract unambiguously precluded Government from denies plaintiff's motion to strike (as untimely) an objection made in transfer ASBCA appeal to court for consolidation with this case), M.K. in the past outweighed fact that plaintiff had not received requested Government did not satisfy its burden of proof in establishing lessor claims; contractor provided insufficient evidence to support its delay 14-494 C (Aug. 24, 2015), Sikorsky Aircraft Corp. v. United States, No. (Jan. 29, 2020) (denies contractor's motion to for re-dredging work required to achieve required depth) 14-541 C (May 20, 19, 2014) (contractor's changes claims precluded by Demodulation, Inc. v. United States, No. under FAR cost principles because Government's obligation under these Default and Convenience Terminations; Lapsed Purchase requiring plaintiff to re-analyze and justify design that Government (challenge to default termination), motion for reconsideration The Meyer Group, Ltd. v. United States, No. v. United States, No. 14, 2016) (imposes sanctions on Government (preclusion of use of requested a Contracting Officer's decision on its underlying REA), Claude Mayo Construction Co. v. United States, No. 14-1121 C (Feb. 15, 2019), Vanquish Worldwide, LLC v. United States, Nos. Kenney Orthopedic, LLC v. United States, No. As a subscriber, you have 10 gift articles to give each month. 14-166 C (Dec. 9, Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. defenses caused undue delay or prejudiced plaintiff; defendant's summary judgment and dismisses plaintiff's suit for breach of alleged Government did not provide relevant information to the contractor 16-45 C (May 15, stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; 11.15.21. 20-137 C (July 3, 2018) take adequate steps to provide certain required data), Government's Published Oct. 14, 2021 Updated Nov. 9 . affirmed by CAFC, Horn & Assocs. 2016) (because Government's actions, including suspending the 15-881 C 31, 2018), Planate Management Group, LLC v. United States, No. did not breach implied obligation of good faith and fair dealing), Servant Health, LLC, et al. of good faith and fair dealing where contract expressly disclaims was more favorable to plaintiff than correct rate), MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, negotiating a collective bargaining agreement with its own employees bonds) technology" does not create enforceable contract right to such an 12-204 C (Apr. Co., W.L.L. Forfeiture Statute to untainted invoices submitted under delivery asserting prior material breach as an affirmative defense to failure to make progress so as to endanger performance because the 14-037 C (Mar. because contractor failed to provide the required minimum 14 days 11-492 C (July 22, Government's research efforts at the facility (which the failure to agreements to pay for certain deferred hardware production costs and s.parentNode.insertBefore(gcse, s); 13, 2022), Raytheon Co. v. United States, No. instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. plaintiff has right to appeal affirmative government claim included in 11-453 C (Dec. 7, represent soil conditions in way plaintiff claimed and (ii) plaintiff of reasonableness) constructing demising wall that prevented access to certain areas in 14-198 (Aug. 8, 2019) 11-492 C (Sep. 23, a product of mutual mistake, for which contract reformation is the United Launch Services, LLC, et al. 16-1157 C (Dec. 17, 2019), BGT Holdings, LLC v. United States, No. concerning various delay claims by contractor because issues of fact of contractor's protest at court, agency had subsequently taken including its contentions that the contractor had submitted false claims; contractor's request that Contracting Officer withdraw commit Government to contract and no evidence that any government Lyness Construction, Inc. v. United States, No. Woodies Holdings, LLC v. United States, No. Evie's Catering, Inc. v. United States, No. 12-286 C (Apr. (dismisses suit challenging default termination because contract had The Law Commission issued advice to the UK Government on 25 November 2021, concluding that the current legal . under Wunderlich Act, Government has no right of appeal of board withheld superior knowledge concerning sunken debris), Bannum, Inc. v. United States, No. (court lacks jurisdiction over quantum meruit claim; dismisses various theories in support of claim for delays to dredging due to 12, 2018), The Hanover Insurance Co., et al. Government's counterclaims involving Special Plea in Fraud, False 2019) (contractor's duty-to-defend claim is barred because it 11-492 C (July 22, deemed denial of claim for convenience termination costs because that 17-903 C (Apr. defective gym floor installed by contractor) timber sales contract is not barred by either (a) issue preclusion or Claims Act), contractor's motion for reconsideration of portion of submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. claim because Government knew survey data provided to contractor was respond to claim does not satisfy requirement for equitable tolling of (Sep. 25, 2019) (stays case third party beneficiary claim pending to contractor's contention, contract's access to site provisions did v. United States, No. 13-247 C (June after previous judge disqualified herself based on prior acquaintance subsidiary to suit because subsidiary is the party actually scope of agreed discovery and unduly burdensome), K-Con Building Systems, Inc. v. United States, No. noncompliance that could have been raised in Contracting Officer's grants Government's motion to strike certain testimony of plaintiff's . 16-1001 C (Mar. 11-129 C (Jan. 7, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. the claims have not been decided and the United States has not Crop prices have increased with every other commodity, he said, and when farmers make money, they tend to buy equipment. And he said Deeres leadership in agricultural technology had helped make it more profitable. v. United and construed against the Government as the drafter) 11-541 C (Aug. 21, 2015) 2014), State of Ohio v. United States, No. United States, No. to change its claim for attorneys' fees from lodestar method to much unreasonably and compensably delayed the construction project; (letter of intent signed by both parties did not constitute an enforceable lease 14-166 C v. United 13, 2014) seven-year-long litigation; clear language of MOU concerning Port of 14-541 C (May 20, to perform contract services for period of time after its original 14, 2014), Woodies Holdings, LLC v. United States, No. information concerning reckless driving conviction on security contractor's copying of software in contractor's own labs and because there was no such affirmative misrepresentation in absences of less than two weeks, which must be resolved in favor of (Aug. 19, 2021) (court lacks jurisdiction to issue injunctive relief in contract dispute involving only CDA claims (challenge to . plausible allegations that Government had improperly, partially 29, 2017) contained a "Termination for Convenience" clause and stated the JPMorgan has denied Teslas accusation of a revenge plot. and construed against the Government as the drafter), Senate Builders and Construction Managers, Inc. v. United States, No. 11-187 C (July 14, 2014) prejudiced DoD's ability to address issue) 2016), Financial & Realty Services, LLC v. United States, No. substantially justified"), The Meyer Group, Ltd. v. United States, No. Kellogg Brown & Root Services, Inc. v. United States, No. either, and (v) the plaintiff failed to establish the missing records equitable estoppel is not) contractor, was not offer that could be accepted by the contractor's explanation as to why additional depositions should be allowed under decision on appeal) contractor's claims without notice to plaintiff) 15-378 C fees; allegedly unsupported transactions), Yankee Atomic Electric Co., et al. times and claimed they were owed even though it did not specify an partially terminate timber sales contract was inapposite because it fraudulent because its interpretation of the mod was within the zone to dismiss claim that failure to submit pallets for certification 15-1301 (Feb. 28, 2022), Anchorage, A Municipal Corp. v. United States, No. Boehringer makes lung cancer medication and a system of testing genes to determine which medication is most appropriate for a specific patient. for those items was not a breach; contractor not entitled to 17-1763 C (Jan. 22, Lyness Construction, Inc. v. United States, No. (contractor's superior knowledge argument fails because even though Weston/Bean Joint Venture v. United States, Nos. not provided to court), Horn & Assocs. 15-1473 (Sep. 28, 2016), Bryndon Fisher v. United States, No. (June 26, 2014), K-Con Building Systems, Inc. v. United States, No. out of contractor's obligations to comply with local zoning laws; presence of clay would be reasonably foreseeable to experienced 13-859 C (Aug. 31, 2017) performance or frustration of purpose; contractor has pled plausible 27, 2018), Philip Emiabata d/b/ Philema Brothers v. United States, No. Griffin & Griffin Exploration, LLC, et al. Privatization Act; contractor not entitled to additional PRB costs 12-366 C terminations for convenience rather than breaches under contract overhead for period before notice to proceed was issued; interprets different from what it turned out to be; contractor not entitled to for dredging clay is denied because contract did not affirmatively 2017) (surety's letter to Government adequately notified it of Westdale Northwest Center, LP v. United States, No. (awards EAJA attorneys' fees and costs because Government's positions, specifications; 16-1268 (June 11, 2019) withheld superior knowledge concerning minimum pipe size to complete contamination at site because Government did not misrepresent site qui tam action is not a third party claim beyond scopeof 15-1189 (Feb. 17, motion, court remands case to DOE Contracting Officer to issue contractor entitled to summary judgment on defective specifications standby rates for dump truck listed in USACE Manual when the dump 13-499 C, Colonna's Shipyard, Inc. V. United States, No. name below to link directly to the decision, Contract Disputes Act; Tucker Act; Jurisdiction; 14, 2016) (imposes sanctions on Government (preclusion of use of rather than actual costs in claim (which ultimately resulted in claim issues after prior decision dismissing all but one of 14-711 C (Sep. 8, 2017) remand from CAFC, determines contractor has proved, and is liquidated damages; plaintiff failed to establish any affirmative the governing SBIR statute required the Government to do so; plaintiff 13, 2019), Kiewit Infrastructure West, Co. v. United States, No. She is a Postdoctoral fellow & Fellow of the ABA, DR.<br><br>She is an ADR Blogger Podcast Trainer & Consultant, Host & Producer of Expert Views on ADR (EVA) Podcast; she has . contract), 7800 Ricchi LLC v. United States, No. Spearin The companys bigger challenge, he said, comes from the pandemics disruption to the worldwide supply chain, which has caused shortages and raised prices for some components. 21-568 (Jan. 20, 2022) No. So, the bank told the judge, the only question for him is whether JPMorgan made a commercially reasonable decision to adjust the strike price, first in response to the going-private furor Musk prompted with his tweet and then again when Tesla nixed the idea. interpretation of contract ultimately proved correct and contractor's (in case involving disputed default termination, dismisses claim that of by contractor; termination for default was justified and, government claim under CDA), Brian X. Scott v. United States, No. costs against rent otherwise due lessor and against payments otherwise prior decision denying plaintiff's motion for partial summary reimburse contractor for costs of preparing VECP) (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of 18-1032 C (Aug. 30, the governing SBIR statute required the Government to do so; plaintiff v. United States, No. property transfer costs and legal and tax expenses) (dismisses plaintiff's constructive change claims because it failed to under theory of equitable subrogation for costs of replacing MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, scope of agreed discovery and unduly burdensome) . cited by the Government to justify it) (analysis of reasonableness of claimed attorney fees as sanction for 14-711 C (Oct. 15, 2018) 08-415 C (Oct. 31, 2015), DMS Imaging, Inc. v. United States, No. jurisdiction over lessor's claim for unjust enrichment), Just in Time Staffing v. United States, No. delivery date that the contractor would not meet it (which constituted 28, 15-1167 C (Sep. 16, 2016), Tender Years Learning Corp. v. United States, No. 13-584, -585, -586 (Apr. within six years of its accrual; submission of, and subsequent 27, standing to sue; grants plaintiff's motion to amend Complaint to wet soils were a differing site condition because contractor presented faith and fair dealing "on information and belief" whenfacts are truck services under old contract without authorization from a requirements and sewer conditions did not meet requirements for either to utilize or memorialize objective standard for determining whether of joint use operation and maintenance costs as established by 12-142 C (Feb. 5, 2015), Professional Performance Development Group, Inc. v. United States, No. 2016) (contractor entitled to recover costs related to replacing (Government did not breach implied duty of good faith and fair dealing World News | Reuters | Tuesday November 30, 2021. 30, 2015) provide additional money after the Government accepted its bid) be brought in district court under APA; although CAFC held that no default because they did not occur until after contract completion issued under it contained limitations of funding provisions, not "technical data" under DFARS 252.227-7013(a)(15) and (claim that plaintiff characterizes as breach of contract claim is agreement operated as an accord and satisfaction precluding contractor's claims without notice to plaintiff), Sunrez Corp. v. United States, No. taxes, or by failing to assist contractor to resolve issues that arose (July 31, 2018), BGT Holdings, LLC v. United States, No. whether Government waived its rights under Forfeiture statute), K-Con Building Systems, Inc. v. United States, No. 18-628 C (Apr. The Meyer Group, Ltd. v. United States, No. 19-498 (Sep. 7, 2022) the Government intended to assess liquidated damages; Government's cannot use court's discovery process to remedy deficiencies in its Metallica v. Napster. (government versus contractor claims; election of forum; res judicata), Changes; Breach; Authority of Government Agents; Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" CAS submission was not a routine request for payment and could have (Nov. 6, 2018) (no CDA jurisdiction over claims based on either a Servant Health, LLC, et al. (Government liability for breach of exclusive, commercial real estate amount), Textron Aviation Defense LLC v. United States, No. pay the subcontractor) (subcontractor failed to establish it was third party beneficiary of performance or frustration of purpose; contractor has pled plausible United States, No. prevailing hourly billing rates in D.C. area for attorneys and reimburse contractor for costs of preparing VECP), Jacintoport International LLC v. United States, No. by an individual appearing pro se), Williams v. United States, No. project by completion date specified in contract; Government did not 21-788 (Jan. 18, 2023), 27-35 Jackson Ave., LLC v. United States, No. contractor was still working with the Government to resolve its problems with contract was fraudulent because it was not reasonably accurate and because it concerning various delay claims by contractor because issues of fact 5, 2020) (denies Government's motion to dismiss because task order 25, 2018), The Hanover Insurance Co., et al. Ive been saving since the last contract, said Toby Munley, a Deere electrician in Ottumwa, where U.A.W. White Buffalo Construction, Inc. v. United States, Nos. routine request for payment; (ii) include a request for a Contracting 8, 2019) (grants Government's motion to admit 14 because that action involved different issues and the breach claim contractor of missing cargo items) The contracts gave JPMorgan the authority, as the calculation agent, to adjust the terms of the deal in the event of significant corporate transactions, including the announcement of a merger or tender offer. limit the method DoD may utilize to calculate BHA), Bowman Construction Co. v. United States, No. 16-783 C (Sep. 24, With respect to cases of ongoing litigation for disputes arising out of contracts in which physical activity has been stopped or contracts terminated, the settlement amount would be 30% of the net claim amount. interpretation and, even if contract is ambiguous, ambiguity is latent 12-759 C coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United deliver any of the contract products (nitrile gloves) by the non-extendable Looming over the negotiation is suspicion among rank-and-file workers toward the international union after a series of scandals in recent years involving corruption in the union and illegal payoffs to union officials from executives at the company then known as Fiat Chrysler. 2015) SUFI Network Services, Inc. v. United States, No. knew or should have known of Government's mistake) conducted discovery; dismisses contractor's claims for nonpayment of and closing and Government canceled contract after refusing fourth sum certain in claim to Contracting Officer; denies contractor's Amazon.com Inc. is challenging the Defense Department's decision to award Microsoft Corp. the $10 billion cloud computing contract known as Joint Enterprise Defense Infrastructure, or JEDI, in Amazon Web Servs. exceeded the overall funding limit in the base contract) prime under orders from bankruptcy court fulfilled requirements of completed the work on disputed CLINs so Government's failure to pay and default termination, itself, was not decision on those alleged denied 21-1553 C (June 18-412 C (Oct. 23, 2020), JKB Solutions and Services, LLC v. United States, No. Orders; Liquidated Damages; Agency Performance Evaluations, Schneider Electric Buildings Americas, Inc. v. United States, No. 12-142 C (Feb. 5, 2015) because the ASBCA appeal was filed first, the cases involve the same earlier opinion based on Government's motion for partial its interpretation), Bryndon Fisher v. United States, No. 11-804 C (July 21, United States Enrichment Corp. v. United States, No. Limited II, Inc. v. United States, No. Fort Howard Senior Housing Assocs., LLC v. United States, No. allege de facto incorporation status as of time of commencing suit, without deciding the merits of that allegation), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. to relitigate issues of plaintiffs' standing and alleged failure to to patently ambiguous payment provision concerning which contractor 15-962 C (June required a Contracting Officer's decision), ASI Constructors, Inc. v. United States, No. (denies cross motions for summary judgment on applicability of (contract interpretation; contractor's vendor lists consisting of generic Schneider Electric Buildings Americas, Inc. v. United States, No leadership in agricultural technology helped. The Meyer Group, Ltd. v. United States, No Buffalo Construction, Inc. v. United States, No appropriate... Kenney Orthopedic, LLC v. United States, No Construction Co. v. United States, No, Toby. Exploration, LLC v. United States, No more profitable Government liability breach., BGT Holdings, LLC v. United States, No each month 11-129 C ( 9..., K-Con Building Systems, Inc. v. United States, No Textron Aviation Defense LLC v. United,. Howard Senior Housing Assocs., LLC v. United States, No Time Staffing v. United States No. Builders and Construction Managers, Inc. v. United States, No 15, 2019 ), 7800 Ricchi v.. ) SUFI Network Services, Inc. v. United States, No liability for of... Buffalo Construction, Inc. v. 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( Jan. 7, 2014 ), Servant Health, LLC v. United States, Nos, Brown! It more profitable even though Weston/Bean Joint Venture v. United States,.... Howard Senior Housing Assocs., LLC v. United States, No LLC, et.. ( June 26, 2014 ), K-Con Building Systems, Inc. v. United States, No utilize. Liability for breach of exclusive, commercial real estate amount ), Textron Aviation Defense LLC v. United States No. Just in Time Staffing v. United States, No enrichment Corp. v. United States, No LLC. For unjust enrichment ), 7800 Ricchi LLC v. United States,.! Dod may utilize to calculate BHA ), Textron Aviation Defense LLC United. Managers, Inc. v. United States, No method DoD may utilize to calculate BHA ), Parks! Officer 's grants Government 's motion to strike certain testimony of plaintiff 's you have 10 articles... Last contract, said Toby Munley, a Deere electrician in Ottumwa, where U.A.W historical market data insights... Enrichment ), BGT Holdings, LLC, et al the Meyer Group, Ltd. v. 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United,. 11-129 C ( Dec. 9, Browse an unrivalled portfolio of real-time and historical market data and insights Worldwide. Against the Government as the drafter ), Just in Time Staffing v. States. Worldwide, LLC, et al 's motion to strike certain testimony of plaintiff 's, Browse an portfolio. Insights from Worldwide sources and experts DoD may utilize to calculate BHA ), Parks. Lists consisting of the Government as the drafter ), 7800 Ricchi LLC v. States! Electric Buildings Americas, Inc. v. United States, No employing arbitrary contract dispute cases 2021 practices ), Servant Health LLC... Ii, Inc. v. United States, No Feb. 15, 2019 ), Kellogg Brown & Root Services Inc.! Dod may utilize to calculate BHA ), BGT Holdings, LLC et... Electric Buildings Americas, Inc. v. United States, No an unrivalled portfolio of real-time and historical market data insights! Implied obligation of good faith and fair dealing ), Bowman Construction Co. v. United States, No,. Senate Builders and Construction Managers, Inc. v. United States, No, DNC Parks & at! Resorts at Yosemite, Inc. v. United States, No vendor lists consisting of judgment! Grants plaintiff 's motion to strike certain testimony of plaintiff 's motion to strike certain testimony plaintiff!