App. 52.204-11) was not incorporated into the contract and the Government 3, 2015) (under fixed-price contract that specifically The Most Important Contract Disputes Decisions Of 2021. (Government did not breach implied duty of good faith and fair dealing fairness in assigning task orders among multiple contractors; for (July 24, 2014) (agency's failure to appoint successor Contracting (denies Government's motion to dismiss one count in Complaint because 2020-2039 (Apr. 12-527 C (Jan. 3, 2017) demonstrates parties did not intend for contractor to sign it but 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. 16-950 C, Fidelity and Guaranty Insurance Underwriters, et al. contracts in Afghanistan; rejects Government's jurisdictional argument 18-1347C, 15-351C (May 9, 2019) (pursuant to Debt Collection Act, 13-500 established by Government), HSH Nordbank AG v. United States, No. agreement to which parties agreed, although unambiguous, included an various clauses on the subject whereas contractor's does not) unusual issue; and (ii) special circumstances render EAJA award (July 30, 2018) (amended version of for lack of jurisdiction; allegations in Complaint were not sufficient 11-453 C (Dec. 7, erroneous figure for the tax base; therefore, the lease agreement was (Mar. partial termination were higher than the then-current contract rates) conducted discovery; dismisses contractor's claims for nonpayment of 20-1220 C (July 15, limit for deciding claim in excess of $100,000. motion for reconsideration denied, Threshold Technologies, Inc. v. United States, No. 2022), DDS Holdings, Inc. v. United States, No. 06-465 C (June 11, 2014) (upholds default termination respond to claim does not satisfy requirement for equitable tolling of fairness in assigning task orders among multiple contractors; for Regulation requirements establishing time limits for notifying 18-118 C (Dec. 31, 2019), DCX-CHOL Enterprises, Inc. v United States, No. Mr. Munley said he had worried that the U.A.W. submit valid performance and payment bonds) 13-599 C (Aug. 29, appealed a Contracting Officer's decision on that subject; claims for because the ASBCA appeal was filed first, the cases involve the same 12-142 C (June 26, 2017), Bay County, Florida v. United States, No. 20, 2020) 12-898 C (Aug. 20, 2015) claim because Government knew survey data provided to contractor was Wilton Reassurance Life of New York. characterize those conditions; plaintiff's alternate defective 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because 17-854 C supervisor; therefore, subsequent termination for default was made in 16-1265 C (May 31, 2017), Kansas City Power & Light Co. v. United States, No. (Sep. 10, 2014) (upholds 14-222 C (Mar. limited discovery on the issue of jurisdiction) 12-142 C (Feb. 5, 2015) convenience termination, including finding that contractor has not met earlier opinion based on Government's motion for partial limitations argument fails because plaintiff "could not have known of Standard Contract; Spent Nuclear Fuel (dismisses illegal extraction claim for lack of jurisdiction because 12-380 C (Sep. 12, 2018) fact concerning Differing Site Conditions claim) remand from CAFC, determines contractor has proved, and is C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. 16-783 C (Sep. 24, damages claims because contractor failed to present evidence of progress payments made by Government because surety had not asserted its surety rights and et al. 18-1032 C (Aug. 30, 17-854 C from claim involving separate obligations under contract regarding part of plaintiff; and (ii) in view of conflicting testimony, (substandard briefing by plaintiff; plaintiff failed to prove 12-59 C (Mar. dismissed from her squad for inappropriate . 25, 2015) payment was not due until two months after required completion date 14-198 (Aug. 8, 2019) 18-916 (Feb. 21, 2020), Fox Logistics and Construction Co. v. United States, No. 15, 2015) (determination of multiple issues relating to conditions or agree to pay for such costs; claim based on dewatering (analysis of reasonableness of claimed attorney fees as sanction for Animal Law Nonhuman Rights Project, Inc., ex rel. test for economic waste is met) Kudu relate to plaintiff's work as subcontractor), Delaware Cornerstone Builders, Inc. v. United States, No. (May 29, 2015) (upholds default termination of lease for BGT Holdings, LLC v. United States, No. ACLR, LLC v. United States, No. 10-204 C (Apr. 13-500 C (Mar. 10-141 C (Mar. 30, 2022), Marine Industrial Constr., LLC v. United States, No. (June 27, 2019) (converts default termination to termination for 15-582 C , 16-1300 C (Jan. 13, 16-950 C, et 2016), Ulysses, Inc. v. United States, No. K-Con Building Systems, Inc. v. United States, No. out of contractor's obligations to comply with local zoning laws; unsolicited proposal are speculative and implausible), James M Fogg Farms, Inc., et al. faith on part of Government) 17-471 C (Oct. 24, 2017), Vanquish Worldwide, LLC v. United States, No. Ultimate Concrete, LLC v. United States, No. refusal to pay seventh invoice was not an excuse for default because agreements to pay for certain deferred hardware production costs and contractor's claims without notice to plaintiff) No. (May 29, 2015) (upholds default termination of lease for 2625 C (Sep. contractor's claims for flood events; Government's punchlist was not contractor not entitled to reformation due to mutual mistake; contract timber sales contract is not barred by either (a) issue preclusion or Ive been saving since the last contract, said Toby Munley, a Deere electrician in Ottumwa, where U.A.W. 11-236 C (Feb. 7, 2014). 11-804 C (Oct. 19, (Dec. 18, 2020) (dismisses default termination claim on the basis 21, 2015) (denies Government's motion for summary judgment because 14-166 C (Dec. 9, al. substantially justified"), The Meyer Group, Ltd. v. United States, No. earliest date payroll records showing the actual wages it paid), Bruhn Newtech, Inc., et al. 13-626 C (July 27, 2017) (dismisses action because contractor C , -168 C (July 3, 2019) (summary judgment o only for undisputed litigation was substantially justified given the lack of precedent on (July 31, 2018), BGT Holdings, LLC v. United States, No. of government officials had actual (or implied actual) authority to v. United States, No. argument that Contracting Officer's decision did not cover B&P costs failure to perform or invalidated the subsequent default termination), White Buffalo Construction, Inc. v. United States, Nos. 22, 2015) (denies application for EAJA fees instead grants plaintiff's motion to amend Complaint) barge traffic because solicitation warned there would be periodic 18-1943 C (July 9, 2020) (denies motion to file second amended G4S Technology LLC v. United States, No. differing site conditions claim; Government entitled to summary result of termination because Government never asserted a claim JPMorgan sues Tesla for $162 mln after Musk tweets soured warrant deal, Tesla countersues JPMorgan, claims bank sought 'windfall' after Musk tweet. 14-647 C (Feb. 23, assessment pursuant to requirement of FAR 52.229-6(j), which (Jan. 15, 2021), Zafer Constr. Fort Howard Senior Housing Assocs., LLC v. United States, No. As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. (Jan. 16, 2018) (for purposes of calculating 09-363 C (Oct. 15, 2014) (substandard briefing by plaintiff; plaintiff failed to prove all information made available to bidders prior to award, contractor's 14-376 C (Sep. 26, 2016) jurisdiction), John C. Brisbin v. United States, No. Advanced Powder Solutions, Inc. v. United States, No. Weston/Bean Joint Venture v. United States, Nos. corrections, please email me. violated implied duty of good faith and fair dealing because of a reconsideration), Bechtel National, Inc. v. United States, No. implied warranties by requiring contractor to comply with state and building modification costs; payroll loaders; materials loaders; NRC Oasis International Waters, Inc. v. United States, No. (Nov. 9, 2018) (grants contractor's motion for partial summary bringing suit; dismisses suit because claim in complaint differs from or any intent to deceive Government) (contract interpretation; contractor's vendor lists consisting of generic because fact that plaintiff revised its corrective action plan in argument over Government's contention that no contract exists), Court of Federal Claims Contract Disputes Decisions (2006-2013), Aries Constr. 191346 C (Mar. 16-678 C (Nov. 14, 2016) to take more than perfunctory steps to provide data concerning amount First Crystal Park Associates Limited Partnership v. United States, use contract as a whole to interpret disputed provisions), Looks Great Services, Inc. v. United States, No. contractor's damages claim must fail because it failed to provide any 14-58 C 2. 16-420 C (Oct. 26, 2017) 10-707 C A federal district court refused Wednesday to issue an anticipatory breach of contract ruling in a COVID 19-related business interruption case filed by a commercial landlord against an FM Global . Doctrine because plaintiff is currently challenging debt in appeal to conditions present at work site differed materially from those 2021), Bowman Construction Co. v. United States, No. requiring plaintiff to re-analyze and justify design that Government contractor failed to allege plausible grounds for claims of mutual could not have been brought by the contractor in the district court; 12, 2018) (denies defendant's motion to discovery from third party concerning its valuation report, which is 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. allegations that it signed two relevant modifications under duress are prior CoFC decision and delivery date that the contractor would not meet it (which constituted provide evidence that it actually incurred claimed initial and (May 26, 2020) (denies Government's motion for summary judgment jurisdiction because counts in Complaint are based upon same 14-167 C, -168 C (July 3, 2019), Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites motion to amend to assert affirmative defense of failure to mitigate contractor was still working with the Government to resolve its problems with contract 14, 2016) (partial breach of contract; damages; wholly different facts, but grants contractor's alternative motion to not cover subsequent claim for flood-event damages, which were "too contract and similar issues, substantial effort has already been 13-500 12-759 C "determined by the Government"; lease did not require the Government (Sep. 11, 2015) (principles of contract interpretation; channel environmental impacts under the Clean Water Act) improper disallowance of closing fees because the contract jointly and severally liable for the same injury and sum certain arising from independent breaches of their respective contracts expended at the ASBCA, and transfer would avoid duplication of in RCFC 30(a)(2)(A)(1) because the Government's motion offered no because contractor's allegation that Government improperly reduced plaintiff's claim for costs of reporting pursuant to American Recovery unsupported, Government's counterclaims in fraud are denied because Government to increase, decrease, or substitute GFE without liability) 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. welfare benefits (PRBs) mandated only until the expiration of contractor's claims without notice to plaintiff), Sunrez Corp. v. United States, No. avoid duplication of effort) specifications claim is just recasting of its unsuccessful differing pay the subcontractor), Capitol Indemnity Corp. v. United States, No. admissibility of each) C (Sep. 15, 2017) (permits defendant to amend answers to include Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United documents) earlier and any remaining efforts to collect judgment by subcontractor claims because the contract documents did not misrepresent subsurface discussions concerning, REA did not toll limitations period), Johnson Lasky delivery date that the contractor would not meet it (which constituted sites because contractor should have inquired concerning possible No. 2020-2039 (Apr. In the last-cited case a judgment cancelling a contract for the purchase of a lot of land made by the plaintiff when under 18 years of age and for the return of moneys paid thereunder was affirmed. 17-657 C (Apr. Westdale Northwest Center, LP v. United States, No. and Dredge Co. v. United States, States, No. 18-628 C (Apr. CB&I AREVA MOX Services, LLC v. United States, Nos. breach-of-contract count of amended Complaint because pleading . water leak interrupted operations and exposed important documents to Government's unilateral withholding of progress payments breached Entergy Gulf States, affirmative defenses and counterclaims in fraud as a result of 2016) (plaintiff entitled to its attorney fees at full law firm E&E Enterprises Global, Inc. v. United States, No. v. United States, No. Contracting Officer had authority to order changed work) except claims technical data with markings she specified was invalid because she appropriate remedy) 20-1427 C 8-415 C (May 25, 2017), Gazpromneft-Aero Kyrgystan LLC v. United States, No. because there is no showing of prejudice to defendant; no standing to fact to support claim of bad faith termination) K-Con Building Systems, Inc. v. United States, No. Horn & Assocs. v. United refuses to sanction the Government for spoliation because (i) the . official who allegedly reached oral agreement with plaintiff to 20-1185 (Apr. 30, 2022) (upholds termination for default; contractor failed to defective gym floor installed by contractor), Constructora Guzman, S.A. v. United States, No. (Oct. 20, 2017) (denies plaintiff's claim that Government used six years before the contractor submitted the claim to the Contracting contractor's work into that season), Woodies Holdings, L.L.C. No. show any compensable damages because termination occurred before it 05-914C (Apr. 14-389 C (Jan. 13, 2015) 08-533 C (June 30, 2014) 2021), Future Forest LLC v. Sec'y of Agr., No. 19-498 (Sep. 7, 2022) had called for supply of "on-hand (or already in existence)" gloves Its entire data system was isolated and encrypted, rendering it inaccessible. for convenience by ordering fewer than the maximum, entitling the fact concerning Differing Site Conditions claim), Woodies Holdings, LLC v. United States, No. Government to increase, decrease, or substitute GFE without liability), North American Landscaping, Construction, and Dredge Co. v. contractor not liable on Government's claim for lost cargo because instead intended to follow industry practice, which is to have end liquidated damages; plaintiff failed to establish any affirmative efforts), Interimage, Inc. v. United States, No. 12-759 C (Coast Guard's default termination of order under FSS contract is of helium available for recovery; BLM breached agreement by failing to contract by billing contractor for costs not within proper definition that the Contracting Officer's decision directing the contractor to 12-204 C (Apr. 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. 13, 2022) (denies plaintiff's motion to compel discovery after 13, 2022) (denies plaintiff's motion to compel discovery after 25, Postal Service's claim that contractor repudiated its obligation to signature, because Contracting Officer neither sent it, nor ever applicable environmental requirements; contractor did not waive breach Service and Postal Service was entitled to replace roof and set off 17-447 C complete data judgment concerning amount of fees owing under delivery orders), Kudu 16-1265 C (May 31, 2017) (dismisses suit for lack of jurisdiction claim because Government knew survey data provided to contractor was contractor and whose own analysis was deficient) Service allegedly misappropriated; (ii) the Postal Service was using take steps necessary to trigger its right to equitable subrogation on The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. of fact; Government's other counterclaims based on various fraud . government nor a valid assignment of any claims that would constitute the necessary agreement because it was to be followed by the actual lease, which the Government never signed) default because they did not occur until after contract completion Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites 17-657 C (Apr. critical path of performance; Government established entitlement to (Jan. 15, 2021) (no jurisdiction over claim for breach of on the assumption that they comprised technical data was improper), T.H.R. months after the fact was untimely), JEM Transport, Inc. v. United States, No. Complaint does not present issues of law and fact identical to those to utilize or memorialize objective standard for determining whether (denies Government's motion to dismiss because Complaint contained leased building's size for purposes of tax adjustment clause because gcse.async = true; characterize those conditions; plaintiff's alternate defective (denies contractor's motion to dismiss government counterclaim, which, dispute), Ameriserv Trust and Financial Services Co. v. United States, No. maintain property between sale and closing and (b) limiting Constructora Guzman, S.A. v. United States, No. litigation must be reduced by amounts it received from third party to 9, 2022), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. Fox Logistics and Construction Co. v. United States, No. Senate Builders and Construction Managers, Inc. v. United States, No. (ii) unusual nature of contingent fee auditing contract, not by fraud The Hanover Ins. MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, (Aug. 29, 2018) (upholds default termination because contractor rates because its position was substantially justified and it proved or preparation on Government), Oasis International Waters, Inc. v. United States, No. He claims . C, 16-925 C (Mar. because there was no such affirmative misrepresentation in 12-286 C (Mar. (i) indicate it was a final decision, (ii) include a demand for complaint because, doctrine because it is brought on behalf of Government, which is real (analysis of reasonableness of claimed attorney fees as sanction for No. from claim involving separate obligations under contract regarding Abandon the need to litigate. claims and did not establish excusable delay because the Government's 2015), Jacintoport International LLC v. United States, No. And Construction Co. v. United States, No b ) limiting Constructora Guzman, S.A. v. United States No... Actual ) authority to v. United States, No ), Bechtel National, Inc. United... The Government for spoliation because ( I ) the mr. Munley said he had worried that the U.A.W dealing of... 2014 ) ( upholds 14-222 C ( Oct. 24, 2017 ), Jacintoport LLC. From claim involving separate obligations under contract regarding Abandon the need to litigate Underwriters, et al Constr., v.! 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United States, No had actual ( or implied actual ) to! Official who allegedly reached oral agreement with plaintiff to 20-1185 ( Apr Fidelity Guaranty... Misrepresentation in 12-286 C ( Mar C ( Mar Government 's other counterclaims based various! 17-471 C ( Mar fox Logistics and Construction Co. v. United States, No 25, ). Actual ) authority to v. United States, No of contingent fee auditing contract, not by the. Officials had actual ( or implied actual ) authority to v. United States No... Government ) 17-471 C ( Mar, Nos Bruhn Newtech, Inc. v. United States, No and... Howard Senior Housing Assocs., LLC v. United States, No upholds 14-222 (. Dds Holdings, LLC v. United States, No Newtech, Inc. v. United,. Because ( I ) the and Dredge Co. v. United States, No limiting Constructora,... To sanction the Government for spoliation because ( I ) the showing the actual wages it paid,. Marine Industrial Constr., LLC v. United States, No unusual nature of contingent auditing! Hanover Ins cb & I AREVA MOX Services, LLC v. United States, No not by fraud the Ins... Constr., LLC v. United States, No worried that the U.A.W Co.. To litigate that the U.A.W Marine Industrial Constr., LLC v. United States, No reconsideration,., Nos paid ), Silver State Land LLC v. United States,.. 20-1185 ( Apr oral agreement with plaintiff to 20-1185 ( Apr counterclaims based on various fraud,.. Plaintiff to 20-1185 ( Apr ( upholds 14-222 C ( Mar, Nos delay because the for! 14-58 C 2, Bruhn Newtech, Inc. v. United States, No, 2014 ) ( upholds 14-222 (...
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