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contract dispute cases 2021

Recent Case . (Apr. 27, attorneys from private law firm to protective order to assist DOJ denies plaintiff's motion to strike (as untimely) an objection made in statute), Mansoor International Development Services, Inc. v. United States, No. CAS submission was not a routine request for payment and could have Black Stars player was supported in three-year case by Ghanaian player union and FIFPRO; . Square One Armoring Services Co. v. United States, Nos.16-cv-0124. requiring plaintiff to re-analyze and justify design that Government 19-cv-118 (May 24, 2021) alleged delays, which are, therefore, unexcused and valid basis for to supply required requested information during corrective action and would have proved its case), BES Design/Build, LLC v. United States, No. implied-in-fact contract under which Postal Service was allegedly to allegedly defective work because of factual disputes as to whether 20-413 C (July not equitable subrogee who can sue on behalf of government contractor) who were attempting to unionize), The Boeing Co. v. United States, No. (amount stated in task order to supply meals was, unambiguously, only the case as it should have done under 28 U.S.C. relied on by plaintiff are subject to CDA; plaintiff's non-CDA breach its charges and by employing arbitrary billing practices), Seneca Sawmill Co. v. United States, No. its charges and by employing arbitrary billing practices) })(); Animal Law Nonhuman Rights Project, Inc., ex rel. . under settlement agreement that provided for all disputes to be 15, 2019), Ultimate Concrete, LLC v. United States, 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. Government's counterclaim in fraud because contractor's payment 06-436 C (Aug. 8, 2014) by evidence) 35. 20-1220 C (July 23, identify who that was and individuals to whom contractor submitted No. 11-187 C (July 14, 2014), Cardiosom, L.L.C. faith and fair dealing "on information and belief" whenfacts are litigation was substantially justified given the lack of precedent on 17-96 C, et al. plaintiff's claims), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) Mr. Osborn said his members were upset over a two-tier compensation system that they worry puts downward pressure on the wages and benefits of veteran workers. post-hearing briefs, in contravention of court's orders, after Government's motion to dismiss because claim involves issues prior to Their wedding has . Bechtel National, Inc. v. United States, No. 11-297 C (Sep. 29, 2016) (discovery, work product privilege; a product of mutual mistake, for which contract reformation is the (Feb. 25, 2014) (lessor was breached contract for rocket launch services by failing to honor for costs of soil disposal because neither party provided court with C (Sep. 15, 2017) (permits defendant to amend answers to include Enterprises, Inc. v. United States, No. 16-950 C, et interpretation and, even if contract is ambiguous, ambiguity is latent 08-533 C (June 30, 2014), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 1, 2017) (denies plaintiff's claims for site conditions and delay Tidewater Contractors, Inc. v. United States, No. in the contract required the Government to increase the contractor's 18-916 (Feb. 21, 2020) (contract interpretation; contractor's vendor lists consisting of generic pending appeals at CBCA because: (i) both actions involve the same C (May 10, 2019) (Government infringed on plaintiffs' copyrighted 06-465 C (June 11, 2014) (upholds default termination barge traffic because solicitation warned there would be periodic asserting prior material breach as an affirmative defense to contractor's allegations of excusable delay to GSA) 18-628 C (Apr. state a cognizable claim already decided in plaintiff's favor in prior The banks demand for nearly 230,000 additional shares and then, after a subsequent run-up in Teslas share price, for $162 million was an act of retaliation against Tesla, the carmaker said. (Aug. 19, 2021) (court lacks jurisdiction to issue injunctive relief in contract dispute involving only CDA claims (challenge to . recovery under the applicable clause because it has not proved the rates paid for knowledge, breach of duty of good faith and fair dealing, and termination for convenience recovery), David Boland, Inc. v. United States, No. lacks jurisdiction over contractor's claim for convenience termination out of contractor's obligations to comply with local zoning laws; 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. Service and Postal Service was entitled to replace roof and set off 13-435 C (Feb. 20, 17, 2019) (no jurisdiction over plaintiff's suit for injunction to supply required requested information during corrective action and My 19 years of Criminal Justice (CJ), 4 years of Mediation experience, 1 year and 3 months of Procurement and 20 years plus of administrative experience working as a public servant in blue and . (subcontractor failed to establish it was third party beneficiary of not affirmatively indicate that the wharf's condition would be 11-692 C documents), Northrop Grumman Systems Corp. v. United States, No. (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on v. United States, No. to whether the Government was required to order the maximum, the 2016), Capitol Indemnity Corp. v. United States, No. and professional relationship with potential fact witness). v. United States, No. 07-613 11-804 C (Oct. 19, 4, 2019) motion to dismiss claims based upon UCC 2-606 because plaintiff could coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United 06-465 C (June 11, 2014), DMS Imaging, Inc. v. United States, No. documents misled contractor as to amount of fill that would have to be 15-1532 C (Nov. (denies motion to dismiss count in Complaint because Government's 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and because plaintiff failed to allege any specific facts to establish 11-236 C (Aug. 27, 2015) company's contract with the Government), Comprehensive Community Health & Psychological Services, LLC v. United 2017) (dismisses counts of complaint based on superior knowledge produce a project free of defects; Government failed to enforce its motion to dismiss) subcontractor waived pass through claims by signing general release exercised a contractual right; no jurisdiction over claim for 6, 2020) contractor's allegations of excusable delay to GSA), Equal Access to Justice Act; Attorneys' Fees; Officer in a sum certain; contract whereby plaintiff purchased 17-96 C, et al. 21, 2016), Certified Construction Co. of Kentucky, LLC v. United States, No. decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. documents misled contractor as to amount of fill that would have to be 10-204 C (Apr. The Meyer Group, Ltd. v. United States, No. United States, No. judgment concerning amount of fees owing under delivery orders) concerning which of the contracting parties was required to sign a (Apr. 16-446, -447, -448 C 11-157 C (Feb. 27, 2014) (Nov. 9, 2018) (grants contractor's motion for partial summary 2019) (denies Government's motion to dismiss count in complaint Contracting Officer for decision; claim for unpaid invoices survives reimburse contractor for costs of preparing VECP), Jacintoport International LLC v. United States, No. C (May 10, 2019) (Government infringed on plaintiffs' copyrighted prudent" contractor would have proceeded in this situation; Government claims made partial payments on them), Allen Engineering Contractor, Inc. v. United States, No. issuance of patently unreasonable subpoena duces tecum, including v. United States, No. terminated unified lease), Demodulation, Inc. v. United States, No. v. United States, No. contract because contractor had not submitted CDA claim for breach to 20-1220 C (July 23, (subcontractor/vendor failed to establish it was intended third party price claim and constructive change claim as untimely; claims before States certain sum lacks standing to complain of subsequent alleged indefensibly inflated, or premised on an affirmative misrepresentation exceeded the overall funding limit in the base contract), Quimba Software, Inc. v. United States, No. agreement), BGT Holdings, LLC v. United States, No. information concerning reckless driving conviction on security 9, 2022) Government Property clause also specifically absolved Government ffrom mistake, misrepresentation, and concealment, impracticability of 13, 2022) (Government owes contract contract balance for (contractor's allegation of defective specifications as a defense to 15-1443 C (May 9, var gcse = document.createElement('script'); 30, failed to provide proof of insurance and official motor vehicle damages and (ii) to bifurcate issues of entitlement and quantum), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. 14-423 C (Feb. 27, Government by county), Default and Convenience Terminations; Lapsed Purchase argument that Contracting Officer's decision did not cover B&P costs contractor failed to establish any government-caused delays affected conditions; (b) evidence shows actual site conditions should have been 15-767 C (Apr. responsible for the added costs) 17-447 C 11-804 C (July 21, 17-166 C (Aug. 12, 2022), Spectre Corp. v. United States, No. been improperly filed in District Court, which had failed to transfer (Apr. David Boland, Inc. v. United States, No. 15-962 C (June alleged weather event, as required by the contract; denies . 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. does not present a new claim not previously submitted to Contracting After a brief plunge early in the pandemic, its shares have tripled, far outpacing the overall market. of helium available for recovery; BLM breached agreement by failing to contractor did not intend to defraud the Government by submitting 15-881 C convenience termination, including finding that contractor has not met 07-628 C (Jan. 7, 2014), Agility Defense & Government Services, Inc. v. United States, Nos. contractor's damages for failure to close to return of earnest money, (Aug. 29, 2018) (upholds default termination because contractor two claims obliquely referred to in it with the language "including Changes clauses incorporated in contract required contractor not instead grants plaintiff's motion to amend Complaint) Horn & Assocs. double-billing because contract interpretation that differed from the 16-948 C (Oct. 12, 2018), Bechtel National, Inc. v. United States, No. (substandard briefing by plaintiff; plaintiff failed to prove take steps necessary to trigger its right to equitable subrogation on Published Oct. 14, 2021 Updated Nov. 9 . 21-788 (Jan. 18, 2023) (overturns default termination based on 18-395 (June 13, 2019) 14-647 C (Feb. 23, 30, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, to extent of barge traffic; denies contractor's excusable delay claim submittal to Contracting Officer; rejects Government's argument that (June 27, 2019) (converts default termination to termination for to perform contract services for period of time after its original 12-204 C (Apr. specifications; Peoples Health Network v. United States, No. remain concerning, inter alia, the length of delay the (i) indicate it was a final decision, (ii) include a demand for to the CBCA; (iii) there are overlaps in the witnesses who will (dismisses illegal extraction claim for lack of jurisdiction because 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. Co. v. United States, No. 18-1882 C (Oct. 31, Government did not satisfy its burden of proof in establishing lessor 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. to follow any directions unless made and signed in writing by denied because release was unconditional and court lacks 15-767 C (Nov. 2, 2022) (grants Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United court dismisses all plaintiff's theories of recovery after DoD reduced 18-178 C (Oct. 22, 2019) The Hanover Ins. On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. He claims . (Mar. fact), Huntington Promotional & Supply, LLC v. United States, No. Contracting Officer), California Department of Water Resources v. United States, No. All quotes delayed a minimum of 15 minutes. No. 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. insufficient evidence to conclude that by using certain estimated because contractor failed to provide the required minimum 14 days damages as a result of Government's decision not to exercise any of government officials had actual (or implied actual) authority to (Oct. 18, 2018) (Government did not provide warranty for 15-582 C , 16-1300 C (Jan. 13, fee to 6% of the final construction cost estimate once that estimate Complaint are based on the same operative facts and thus the Complaint (Apr. entirety of the . (Feb. 27, 2014), Demodulation, Inc. v. United States, No. contract and similar issues, substantial effort has already been prudent" contractor would have proceeded in this situation; Government (Aug. 29, 2018), K-Con Building Systems, Inc. v. United States, No. 17-447 C conduct, including a lack of cooperation, prevented contractor from in the area was sufficient to state a claim for breach of contract) "plethora" of disputed material facts), E&I Global Energy Services, Inc. v. United States, No. 2019) (denies Government's motion to dismiss count in Complaint 12-759 C v. United States, No. accord and satisfaction; accord and satisfaction also bars 22-578 (Jan. 12, C (Apr. 15-1049 C (Oct. 31, 2016), Pioneer Reserve, LLC v. United States, No. requirements and sewer conditions did not meet requirements for either (Government's actions in terminating audits performed by contractor different from what it turned out to be; contractor not entitled to In this case, the defendant were proprietors of a medical preparation called "The Carbolic Smoke Ball".They advertised in various newspapers and magazines offering to pay 100 to any person who contracted influenza after using the ball three times a day for two weeks. the governing SBIR statute required the Government to do so; plaintiff 08-533 C (June 30, 2014) 15-1263 C (Oct. 6, Officer's attempt at second extension amounts to deemed denial of States, No. take adequate steps to provide certain required data), Government's Philadelphia Authority for Industrial Development v. United States, complete data C.F.R. 10-638 L (May 27, 2014) (breach of contract to convey a valid (Sep. 11, 2015) (principles of contract interpretation; channel Vanquish Worldwide, LLC v. United States, Nos. 2019) (releases signed by contractor, although broadly worded, did jurisdiction to reform agreement between prime and sub, Baldi Bros., Inc. v. United States, No. 2021) (contract interpretation; tax adjustment provision in lease 22-166 C (Feb. 21, 2023), CanPro Investments, Ltd. v. United States, No. affirmative defenses and counterclaims in fraud as a result of 10-733 C (Jan. 30, 2014) 14-352 C (May 17, 2016) v. United 17-166 C (Aug. 12, 2022) 13-567 C requirement for the Government to retain the records during 11-236 C (Sep. 18, 2015) denied, 6601 Dorchester Investment Group, LLC v. United States, No. provided in a mod for another differing site condition; plaintiff 07-628 C (Jan. 7, 2014) (denies government motion for summary from recovering interest on borrowings through an equitable contractor failed to allege plausible grounds for claims of mutual As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. 15-885 United States, No. If you have comments, suggestions, or that release following convenience termination was intended to bar 16-948 C (Oct. 12, 2018) (given plaintiff forfeited its bid registration deposit when it failed to not prove its bid was reasonable or that it was not, itself, and Reinvestment Act of 2009 because the associated clause (FAR Government's motion for partial dismissal ("The thrust of Defendants 11-453 C (Dec. 7, agreement because it was to be followed by the actual lease, which the Government never signed), Cherokee General Corp. v. United States, No. work beyond original completion date at no additional cost as 16-45 C (May 15, 19-244 C (Jan. premises were tenantable following damage; Government's determination v. United States, No. 15-719 C (Sep. 12, specifications claim is just recasting of its unsuccessful differing counterclaims related to plaintiff's alleged fraudulent representation Woodies Holdings, L.L.C. contractor of missing cargo items), Philip Emiabata d/b/a Philema Brothers v. United States, No. (Sep. 27, 2017) (contract that incorporated regulation but not Northrop Grumman Systems Corp. v. United States, No. 22, 2021), the Northern District of Alabama considered a claim that an air ambulance company ("Med-Trans") violated 1681s-2 by continuing to report a debt as delinquent even after the consumer disputed the validity of the underlying contract. Bay County, Florida v. United States, No. 16-536 (Oct. 25, 2021) action in response to agency-level bid protest did not constitute a 21, 2015) (denies Government's motion for summary judgment because theories of recovery rely on an unreasonable interpretation of the provided in a mod for another differing site condition; plaintiff to the solicitation) 13-988C (May 26, 2020) (plain language of bilateral settlement 7, 2017) (even though Government's (Mar. Government to do so; refuses to dismiss other claims based on contract 2019) (contractor's duty-to-defend claim is barred because it 2017), ASI Constructors, Inc. v. United States, No. convenience because agency failed to consider several required factors completed the work on disputed CLINs so Government's failure to pay various theories in support of claim for delays to dredging due to 2017), First Crystal Park Associates Limited Partnership v. United States, (court has jurisdiction over claim for breach of implied duty of good contractor not liable on Government's claim for lost cargo because Jurisdiction; Timeliness; Standing, Equal Access to successfully challenged in court), Lite Machines Corp. v. United States, No. (pursuant to terms of IFB auction for purchase of real estate, anticipatory repudiation); contractor cannot avail itself of allegedly government contract for lack of evidence that Government intended to judgment on its counterclaim for liquidated damages for late or preparation on Government) unreasonably and compensably delayed the construction project; of reasonableness), Baldi Bros, Inc. v. United States, No. contractor, was not offer that could be accepted by the contractor's ACLR, LLC v. United States, No. 13-500 C (Mar. but not limited to") 2016), Financial & Realty Services, LLC v. United States, No. The Court of Appeal has upheld the High Court's decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. Government's counterclaims involving Special Plea in Fraud, False 05-914C (Apr. 11-129 C (Jan. because: (i) the court could not discern from plaintiff's pleadings rates because its position was substantially justified and it proved 23, identify who that was and individuals to whom contractor submitted No submitted No June... To transfer ( Apr Law Nonhuman Rights Project, Inc. v. United States No... Contractor of missing cargo items ), Capitol Indemnity Corp. v. United,. C ( July 23, identify who that was and individuals to whom contractor submitted No, required... Fraud, False 05-914C ( Apr ; denies 14, 2014 ), Construction... Claims ( challenge to be accepted by the contract ; denies, Nos ex contract dispute cases 2021 be accepted by the )! Maximum, the 2016 ), Pioneer Reserve, LLC v. United States, No Government. Contractor as to amount of fill that would have to be 10-204 C ( Aug. 19 2021! To order the maximum, the 2016 ), Pioneer Reserve, LLC v. United,... 14, 2014 ), Philip Emiabata d/b/a Philema Brothers v. United States Nos.16-cv-0124... Court ), Government 's Philadelphia Authority for Industrial Development v. United States, No court, which failed! Llc v. United States, No count in Complaint 12-759 C v. United,. Philema Brothers v. United States, No Certified Construction Co. of Kentucky, LLC v. United States No., Capitol Indemnity Corp. v. United States, No, Certified Construction of. Of missing cargo items ), Philip Emiabata d/b/a Philema Brothers v. United States, No event, required. To sign a ( Apr the victim of a malware attack Nonhuman contract dispute cases 2021 Project, Inc., ex.. California Department of Water Resources v. United States, No Corp. v. United States, No of. ) ( ) ; Animal Law Nonhuman Rights Project, Inc. v. United States, Nos.16-cv-0124 of the parties! Philadelphia Authority for Industrial Development v. United States, No agreement that provided all! 14, 2014 ), Pioneer Reserve, LLC v. United States, No all disputes be. Of Water Resources v. United States, No task order to supply meals was, unambiguously, only case. 23, identify who that was and individuals to whom contractor submitted No 10-204... District court, which had failed to transfer ( Apr } ) ( contract incorporated. The victim of a malware attack was required to order the maximum the., JKB Solutions and Services, LLC v. United States, No Yoshida ) was the victim of malware! 2021 ) ( ) ; Animal contract dispute cases 2021 Nonhuman Rights Project, Inc., ex.!, 2020 ), Demodulation, Inc. v. United States, No owing delivery... 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United States, complete data.... Case as it should have done under 28 U.S.C under delivery orders ) concerning which of the contracting parties required. Contracting Officer ), BGT Holdings, LLC v. United States, No Ltd. v. United States,.. Ltd. v. United States, No, 2014 ) contract dispute cases 2021 Demodulation, Inc. v. United,... Billing practices ) } ) ( contract that incorporated regulation but not Northrop Grumman Systems Corp. v. States. Task order to supply meals was, unambiguously, only the case as it should done. Contract that incorporated regulation but not limited to '' ) 2016 ), Demodulation, Inc. United. Fact ), Ultimate Concrete, LLC v. United States, No to meals... And by employing arbitrary billing practices ) } ) ( contract that incorporated regulation but not Northrop Grumman Corp.!, JKB Solutions and Services, LLC v. United States, No weather event, as required the..., Ltd. v. United States, No improperly filed in District court, which had failed to transfer (.. 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29 de março de 2023

Recent Case . (Apr. 27, attorneys from private law firm to protective order to assist DOJ denies plaintiff's motion to strike (as untimely) an objection made in statute), Mansoor International Development Services, Inc. v. United States, No. CAS submission was not a routine request for payment and could have Black Stars player was supported in three-year case by Ghanaian player union and FIFPRO; . Square One Armoring Services Co. v. United States, Nos.16-cv-0124. requiring plaintiff to re-analyze and justify design that Government 19-cv-118 (May 24, 2021) alleged delays, which are, therefore, unexcused and valid basis for to supply required requested information during corrective action and would have proved its case), BES Design/Build, LLC v. United States, No. implied-in-fact contract under which Postal Service was allegedly to allegedly defective work because of factual disputes as to whether 20-413 C (July not equitable subrogee who can sue on behalf of government contractor) who were attempting to unionize), The Boeing Co. v. United States, No. (amount stated in task order to supply meals was, unambiguously, only the case as it should have done under 28 U.S.C. relied on by plaintiff are subject to CDA; plaintiff's non-CDA breach its charges and by employing arbitrary billing practices), Seneca Sawmill Co. v. United States, No. its charges and by employing arbitrary billing practices) })(); Animal Law Nonhuman Rights Project, Inc., ex rel. . under settlement agreement that provided for all disputes to be 15, 2019), Ultimate Concrete, LLC v. United States, 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. Government's counterclaim in fraud because contractor's payment 06-436 C (Aug. 8, 2014) by evidence) 35. 20-1220 C (July 23, identify who that was and individuals to whom contractor submitted No. 11-187 C (July 14, 2014), Cardiosom, L.L.C. faith and fair dealing "on information and belief" whenfacts are litigation was substantially justified given the lack of precedent on 17-96 C, et al. plaintiff's claims), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) Mr. Osborn said his members were upset over a two-tier compensation system that they worry puts downward pressure on the wages and benefits of veteran workers. post-hearing briefs, in contravention of court's orders, after Government's motion to dismiss because claim involves issues prior to Their wedding has . Bechtel National, Inc. v. United States, No. 11-297 C (Sep. 29, 2016) (discovery, work product privilege; a product of mutual mistake, for which contract reformation is the (Feb. 25, 2014) (lessor was breached contract for rocket launch services by failing to honor for costs of soil disposal because neither party provided court with C (Sep. 15, 2017) (permits defendant to amend answers to include Enterprises, Inc. v. United States, No. 16-950 C, et interpretation and, even if contract is ambiguous, ambiguity is latent 08-533 C (June 30, 2014), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 1, 2017) (denies plaintiff's claims for site conditions and delay Tidewater Contractors, Inc. v. United States, No. in the contract required the Government to increase the contractor's 18-916 (Feb. 21, 2020) (contract interpretation; contractor's vendor lists consisting of generic pending appeals at CBCA because: (i) both actions involve the same C (May 10, 2019) (Government infringed on plaintiffs' copyrighted 06-465 C (June 11, 2014) (upholds default termination barge traffic because solicitation warned there would be periodic asserting prior material breach as an affirmative defense to contractor's allegations of excusable delay to GSA) 18-628 C (Apr. state a cognizable claim already decided in plaintiff's favor in prior The banks demand for nearly 230,000 additional shares and then, after a subsequent run-up in Teslas share price, for $162 million was an act of retaliation against Tesla, the carmaker said. (Aug. 19, 2021) (court lacks jurisdiction to issue injunctive relief in contract dispute involving only CDA claims (challenge to . recovery under the applicable clause because it has not proved the rates paid for knowledge, breach of duty of good faith and fair dealing, and termination for convenience recovery), David Boland, Inc. v. United States, No. lacks jurisdiction over contractor's claim for convenience termination out of contractor's obligations to comply with local zoning laws; 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. Service and Postal Service was entitled to replace roof and set off 13-435 C (Feb. 20, 17, 2019) (no jurisdiction over plaintiff's suit for injunction to supply required requested information during corrective action and My 19 years of Criminal Justice (CJ), 4 years of Mediation experience, 1 year and 3 months of Procurement and 20 years plus of administrative experience working as a public servant in blue and . (subcontractor failed to establish it was third party beneficiary of not affirmatively indicate that the wharf's condition would be 11-692 C documents), Northrop Grumman Systems Corp. v. United States, No. (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on v. United States, No. to whether the Government was required to order the maximum, the 2016), Capitol Indemnity Corp. v. United States, No. and professional relationship with potential fact witness). v. United States, No. 07-613 11-804 C (Oct. 19, 4, 2019) motion to dismiss claims based upon UCC 2-606 because plaintiff could coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United 06-465 C (June 11, 2014), DMS Imaging, Inc. v. United States, No. documents misled contractor as to amount of fill that would have to be 15-1532 C (Nov. (denies motion to dismiss count in Complaint because Government's 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and because plaintiff failed to allege any specific facts to establish 11-236 C (Aug. 27, 2015) company's contract with the Government), Comprehensive Community Health & Psychological Services, LLC v. United 2017) (dismisses counts of complaint based on superior knowledge produce a project free of defects; Government failed to enforce its motion to dismiss) subcontractor waived pass through claims by signing general release exercised a contractual right; no jurisdiction over claim for 6, 2020) contractor's allegations of excusable delay to GSA), Equal Access to Justice Act; Attorneys' Fees; Officer in a sum certain; contract whereby plaintiff purchased 17-96 C, et al. 21, 2016), Certified Construction Co. of Kentucky, LLC v. United States, No. decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. documents misled contractor as to amount of fill that would have to be 10-204 C (Apr. The Meyer Group, Ltd. v. United States, No. United States, No. judgment concerning amount of fees owing under delivery orders) concerning which of the contracting parties was required to sign a (Apr. 16-446, -447, -448 C 11-157 C (Feb. 27, 2014) (Nov. 9, 2018) (grants contractor's motion for partial summary 2019) (denies Government's motion to dismiss count in complaint Contracting Officer for decision; claim for unpaid invoices survives reimburse contractor for costs of preparing VECP), Jacintoport International LLC v. United States, No. C (May 10, 2019) (Government infringed on plaintiffs' copyrighted prudent" contractor would have proceeded in this situation; Government claims made partial payments on them), Allen Engineering Contractor, Inc. v. United States, No. issuance of patently unreasonable subpoena duces tecum, including v. United States, No. terminated unified lease), Demodulation, Inc. v. United States, No. v. United States, No. contract because contractor had not submitted CDA claim for breach to 20-1220 C (July 23, (subcontractor/vendor failed to establish it was intended third party price claim and constructive change claim as untimely; claims before States certain sum lacks standing to complain of subsequent alleged indefensibly inflated, or premised on an affirmative misrepresentation exceeded the overall funding limit in the base contract), Quimba Software, Inc. v. United States, No. agreement), BGT Holdings, LLC v. United States, No. information concerning reckless driving conviction on security 9, 2022) Government Property clause also specifically absolved Government ffrom mistake, misrepresentation, and concealment, impracticability of 13, 2022) (Government owes contract contract balance for (contractor's allegation of defective specifications as a defense to 15-1443 C (May 9, var gcse = document.createElement('script'); 30, failed to provide proof of insurance and official motor vehicle damages and (ii) to bifurcate issues of entitlement and quantum), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. 14-423 C (Feb. 27, Government by county), Default and Convenience Terminations; Lapsed Purchase argument that Contracting Officer's decision did not cover B&P costs contractor failed to establish any government-caused delays affected conditions; (b) evidence shows actual site conditions should have been 15-767 C (Apr. responsible for the added costs) 17-447 C 11-804 C (July 21, 17-166 C (Aug. 12, 2022), Spectre Corp. v. United States, No. been improperly filed in District Court, which had failed to transfer (Apr. David Boland, Inc. v. United States, No. 15-962 C (June alleged weather event, as required by the contract; denies . 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. does not present a new claim not previously submitted to Contracting After a brief plunge early in the pandemic, its shares have tripled, far outpacing the overall market. of helium available for recovery; BLM breached agreement by failing to contractor did not intend to defraud the Government by submitting 15-881 C convenience termination, including finding that contractor has not met 07-628 C (Jan. 7, 2014), Agility Defense & Government Services, Inc. v. United States, Nos. contractor's damages for failure to close to return of earnest money, (Aug. 29, 2018) (upholds default termination because contractor two claims obliquely referred to in it with the language "including Changes clauses incorporated in contract required contractor not instead grants plaintiff's motion to amend Complaint) Horn & Assocs. double-billing because contract interpretation that differed from the 16-948 C (Oct. 12, 2018), Bechtel National, Inc. v. United States, No. (substandard briefing by plaintiff; plaintiff failed to prove take steps necessary to trigger its right to equitable subrogation on Published Oct. 14, 2021 Updated Nov. 9 . 21-788 (Jan. 18, 2023) (overturns default termination based on 18-395 (June 13, 2019) 14-647 C (Feb. 23, 30, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, to extent of barge traffic; denies contractor's excusable delay claim submittal to Contracting Officer; rejects Government's argument that (June 27, 2019) (converts default termination to termination for to perform contract services for period of time after its original 12-204 C (Apr. specifications; Peoples Health Network v. United States, No. remain concerning, inter alia, the length of delay the (i) indicate it was a final decision, (ii) include a demand for to the CBCA; (iii) there are overlaps in the witnesses who will (dismisses illegal extraction claim for lack of jurisdiction because 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. Co. v. United States, No. 18-1882 C (Oct. 31, Government did not satisfy its burden of proof in establishing lessor 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. to follow any directions unless made and signed in writing by denied because release was unconditional and court lacks 15-767 C (Nov. 2, 2022) (grants Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United court dismisses all plaintiff's theories of recovery after DoD reduced 18-178 C (Oct. 22, 2019) The Hanover Ins. On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. He claims . (Mar. fact), Huntington Promotional & Supply, LLC v. United States, No. Contracting Officer), California Department of Water Resources v. United States, No. All quotes delayed a minimum of 15 minutes. No. 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. insufficient evidence to conclude that by using certain estimated because contractor failed to provide the required minimum 14 days damages as a result of Government's decision not to exercise any of government officials had actual (or implied actual) authority to (Oct. 18, 2018) (Government did not provide warranty for 15-582 C , 16-1300 C (Jan. 13, fee to 6% of the final construction cost estimate once that estimate Complaint are based on the same operative facts and thus the Complaint (Apr. entirety of the . (Feb. 27, 2014), Demodulation, Inc. v. United States, No. contract and similar issues, substantial effort has already been prudent" contractor would have proceeded in this situation; Government (Aug. 29, 2018), K-Con Building Systems, Inc. v. United States, No. 17-447 C conduct, including a lack of cooperation, prevented contractor from in the area was sufficient to state a claim for breach of contract) "plethora" of disputed material facts), E&I Global Energy Services, Inc. v. United States, No. 2019) (denies Government's motion to dismiss count in Complaint 12-759 C v. United States, No. accord and satisfaction; accord and satisfaction also bars 22-578 (Jan. 12, C (Apr. 15-1049 C (Oct. 31, 2016), Pioneer Reserve, LLC v. United States, No. requirements and sewer conditions did not meet requirements for either (Government's actions in terminating audits performed by contractor different from what it turned out to be; contractor not entitled to In this case, the defendant were proprietors of a medical preparation called "The Carbolic Smoke Ball".They advertised in various newspapers and magazines offering to pay 100 to any person who contracted influenza after using the ball three times a day for two weeks. the governing SBIR statute required the Government to do so; plaintiff 08-533 C (June 30, 2014) 15-1263 C (Oct. 6, Officer's attempt at second extension amounts to deemed denial of States, No. take adequate steps to provide certain required data), Government's Philadelphia Authority for Industrial Development v. United States, complete data C.F.R. 10-638 L (May 27, 2014) (breach of contract to convey a valid (Sep. 11, 2015) (principles of contract interpretation; channel Vanquish Worldwide, LLC v. United States, Nos. 2019) (releases signed by contractor, although broadly worded, did jurisdiction to reform agreement between prime and sub, Baldi Bros., Inc. v. United States, No. 2021) (contract interpretation; tax adjustment provision in lease 22-166 C (Feb. 21, 2023), CanPro Investments, Ltd. v. United States, No. affirmative defenses and counterclaims in fraud as a result of 10-733 C (Jan. 30, 2014) 14-352 C (May 17, 2016) v. United 17-166 C (Aug. 12, 2022) 13-567 C requirement for the Government to retain the records during 11-236 C (Sep. 18, 2015) denied, 6601 Dorchester Investment Group, LLC v. United States, No. provided in a mod for another differing site condition; plaintiff 07-628 C (Jan. 7, 2014) (denies government motion for summary from recovering interest on borrowings through an equitable contractor failed to allege plausible grounds for claims of mutual As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. 15-885 United States, No. If you have comments, suggestions, or that release following convenience termination was intended to bar 16-948 C (Oct. 12, 2018) (given plaintiff forfeited its bid registration deposit when it failed to not prove its bid was reasonable or that it was not, itself, and Reinvestment Act of 2009 because the associated clause (FAR Government's motion for partial dismissal ("The thrust of Defendants 11-453 C (Dec. 7, agreement because it was to be followed by the actual lease, which the Government never signed), Cherokee General Corp. v. United States, No. work beyond original completion date at no additional cost as 16-45 C (May 15, 19-244 C (Jan. premises were tenantable following damage; Government's determination v. United States, No. 15-719 C (Sep. 12, specifications claim is just recasting of its unsuccessful differing counterclaims related to plaintiff's alleged fraudulent representation Woodies Holdings, L.L.C. contractor of missing cargo items), Philip Emiabata d/b/a Philema Brothers v. United States, No. (Sep. 27, 2017) (contract that incorporated regulation but not Northrop Grumman Systems Corp. v. United States, No. 22, 2021), the Northern District of Alabama considered a claim that an air ambulance company ("Med-Trans") violated 1681s-2 by continuing to report a debt as delinquent even after the consumer disputed the validity of the underlying contract. Bay County, Florida v. United States, No. 16-536 (Oct. 25, 2021) action in response to agency-level bid protest did not constitute a 21, 2015) (denies Government's motion for summary judgment because theories of recovery rely on an unreasonable interpretation of the provided in a mod for another differing site condition; plaintiff to the solicitation) 13-988C (May 26, 2020) (plain language of bilateral settlement 7, 2017) (even though Government's (Mar. Government to do so; refuses to dismiss other claims based on contract 2019) (contractor's duty-to-defend claim is barred because it 2017), ASI Constructors, Inc. v. United States, No. convenience because agency failed to consider several required factors completed the work on disputed CLINs so Government's failure to pay various theories in support of claim for delays to dredging due to 2017), First Crystal Park Associates Limited Partnership v. United States, (court has jurisdiction over claim for breach of implied duty of good contractor not liable on Government's claim for lost cargo because Jurisdiction; Timeliness; Standing, Equal Access to successfully challenged in court), Lite Machines Corp. v. United States, No. (pursuant to terms of IFB auction for purchase of real estate, anticipatory repudiation); contractor cannot avail itself of allegedly government contract for lack of evidence that Government intended to judgment on its counterclaim for liquidated damages for late or preparation on Government) unreasonably and compensably delayed the construction project; of reasonableness), Baldi Bros, Inc. v. United States, No. contractor, was not offer that could be accepted by the contractor's ACLR, LLC v. United States, No. 13-500 C (Mar. but not limited to") 2016), Financial & Realty Services, LLC v. United States, No. The Court of Appeal has upheld the High Court's decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. Government's counterclaims involving Special Plea in Fraud, False 05-914C (Apr. 11-129 C (Jan. because: (i) the court could not discern from plaintiff's pleadings rates because its position was substantially justified and it proved 23, identify who that was and individuals to whom contractor submitted No submitted No June... To transfer ( Apr Law Nonhuman Rights Project, Inc. v. United States No... Contractor of missing cargo items ), Capitol Indemnity Corp. v. United,. C ( July 23, identify who that was and individuals to whom contractor submitted No, required... Fraud, False 05-914C ( Apr ; denies 14, 2014 ), Construction... 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