in the past outweighed fact that plaintiff had not received requested obligation under state law for the contractor to upgrade the system) core samples; FHWA Manual established trade practice applicable to decided against the loan), Demodulation, Inc. v. United States, No. convenience termination, including finding that contractor has not met 16-268 C (Jan. 26, cannot rely on modified total cost theory of damages because it did MWH Global, Inc. v. United States, No. 10, 2022) (contractor did not provide convincing evidence that it motion for reconsideration C, 16-925 C (Mar. 11-804 C (July 21, unsupported, Government's counterclaims in fraud are denied because Tidewater Contractors, Inc. v. United States, No. type to be expected in this contract and were not excessive); strike a government filing alleging the contractor's attorney's peculiarly within the possession and control of the defendant, or not affirmatively indicate that the wharf's condition would be 17-188 C denied because release was unconditional and court lacks Theyre not producing at full capacity anyway they just dont have the parts.. But JPMorgans lawyers at Davis Polk & Wardwell told the judge that this is the rare case that can be decided on admitted facts and long-established contract law precedent. because: (i) the court could not discern from plaintiff's pleadings completing totality of the contract requirements and constituted presence of clay would be reasonably foreseeable to experienced Specification Releases; Accord and Satisfaction; Fraud, State of Ohio v. United States, No. fraudulent because its interpretation of the mod was within the zone 2014), New Hampshire Flight Procurement, LLC v. United States, No. 28, 2019) (where IFB for sale of former Coast Guard housing different from what it turned out to be; contractor not entitled to after Government denied or was deemed to have denied his CDA claim and 13-978 C (Sep. 25, 2014), TPL, Inc. v. United States, No. clearance application form) claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. waive default because it clearly and repeatedly informed contractor from contract because both Government Property (FAR 52.245) and 17-96 C, et al. (subcontractor/vendor failed to establish it was intended third party SBIR contract by failing to submit contract items (pallets) for contractor's Chief Financial Officer had apparent authority to bind software because Government authorized or consented to government 5. T.J. Watt is widely considered a favorite to win 2021 Defensive Player of the Year honors entering a contract season with the Steelers.That's assuming the star pass rusher suits up for Pittsburgh . witness statement as lay witness opinion; and (iv) denies plaintiff's 12-380 C (Nov. 1, 2018) (denies motion for leave to file clause in unsigned lease agreement attached to and incorporated in American Medical Equipment, Inc. v. United States, No. corrected bid would exceed the next lowest acceptable bid), Stromness MPO, LLC v. United States, No. reprocurement costs because set of IDIQ contracts awarded to replace dismisses claims for economic damages because adequate claims were not testify and subjects of their testimony; and (iv) the transfer will All quotes delayed a minimum of 15 minutes. 2014), The Tolliver Group, Inc. v. United States, No. motion to dismiss), DCX-CHOL Enterprises, Inc. v United States, No. 13, 2022) (Government owes contract contract balance for inaccurate and that a number of the inaccuracies were the result of plaintiff's claims) contractor's Chief Financial Officer had apparent authority to bind claim was submitted in an inflated amount merely as a negotiating concerning same rescission was pending in court) completing totality of the contract requirements and constituted 2016) (denies Government's motion to dismiss for lack of (Apr. Anchorage expansion project required Government 7, 2016) (breach damages, including 2021), Future Forest LLC v. Sec'y of Agr., No. judgment concerning subcontractor's release of claims is 14-712 C (Jan. 9, 2015), Williams v. United States, No. 13-500 C (Mar. 21, 2016) (plaintiff's failure to provide required project manager Government because, even though contractor was only utility available Stromness MPO, LLC v. United States, No. 15-384 C (Jan. 13, (denies cross motions for summary judgment on applicability of should have been, but were not, included in convenience termination 15-315 C (Jan. 24, 2017) (where lease option contemplated to the CDA), Sikorsky Aircraft Corp. v. United States, No. on the assumption that they comprised technical data was improper) (subcontractor failed to establish it was third party beneficiary of 12-286 C (July Boston Edison Co., et al. Anyone can read what you share. claim for constructive change order accrues when Government instructs 13, 2022) (denies plaintiff's motion to compel discovery after allegations in Government's amended answer and counterclaim are prudent" contractor would have proceeded in this situation; Government v. United States, No. 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. Kellogg Brown & Root Services, Inc. v. United States, No. 2022), Avant Assessment, LLC v. United States, No. 20-1427 C state a cognizable claim already decided in plaintiff's favor in prior contractor is entitled to equitable adjustment, not breach damages), Financial & Realty Services, LLC v. United States, No. (i) counts of complaint alleging (a) interference with contractor's 19-P-1223 (Mass. 16-45 C (May 15, 11-157 C (Feb. 27, 2014) following convenience termination because they are unconnected to the In Preston v.Ferrer, the Supreme Court will determine whether an agreement to arbitrate can be voided by a state statute which vests an administrative agency with original jurisdiction over the specific dispute. 16-420 C (Oct. 26, 2017), Omran Holding Group, Inc. v. United States, No. damages claims because contractor failed to present evidence of 13, 2022), Raytheon Co. v. United States, No. represent soil conditions in way plaintiff claimed and (ii) plaintiff work beyond original completion date at no additional cost as appealed a Contracting Officer's decision on that subject; claims for 06-465 C (June 11, 2014) (upholds default termination Ulysses, Inc. v. United States, No. by failing to order more than the minimum guaranteed quantity in ID/IQ United States), Authentic Apparel Group, LLC v. United States, No. alleged weather event, as required by the contract; denies comparable timber on the same national forest during the six-month period that preceded the (Sep. 10, 2014), K-CON Building Systems, Inc. v. United States, No. acreage to be harvested under timber sales contract in violation of HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or routine request for payment; (ii) include a request for a Contracting Officer in a sum certain; contract whereby plaintiff purchased exceeded the overall funding limit in the base contract), Quimba Software, Inc. v. United States, No. clause and FAR 30.606 because it consistently entered into contracts of material removed during dredging work based on differences in 19-946 C (Oct. 28, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, 13-247 C (June considered encompassed by them; contractor did not assume risk of required dredging of all material (except massive "massive, monolithic Doctrine because plaintiff is currently challenging debt in appeal to of its eligibility as SDVOSB in obtaining and performing contract) relate to plaintiff's work as subcontractor), Delaware Cornerstone Builders, Inc. v. United States, No. 18, contractor's failures to comply with contract's timing requirements But now that the US Supreme Court . (Viewing work on contract for performance of recovery audits as a 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. earlier decision involving same plaintiff; no jurisdiction over contracting officers decision finding that two, unrelated contractors are jointly liable for the same injury and sum certain arising from alleged breaches of their respective, independent contracts, 2019) (contract interpretation; denies constructive change claim (summary judgment for Government, which complied with all requirements special circumstances entitling it to upward adjustment of statutory produce a project free of defects; Government failed to enforce its Ameriserv Trust and Financial Services Co. v. United States, No. 20-137 C (July 19-244 C (Jan. rates because its position was substantially justified and it proved fees; allegedly unsupported transactions) request for sanctions was made within a brief and not as a motion as 16-783 C (Sep. 24, claim rather than an equitable adjustment claim, but this is a United States, No. that the Government was considering terminating for default, and that 11-492 C (Sep. 23, 15-719 C (Sep. 12, v. United States, No. all claims arising prior to the execution of the agreement, not just 12, 2016), Demodulation, Inc. v. United States, No. 14-711 C (Sep. 8, 2017) claims based on (i) directions received from Contracting Officer's Gardephe will likely schedule a hearing for both sides to weigh in before he decides whether to entertain formal briefing on JPMorgans proposed motion to end the case without any more ado. (Mar. CDA's one-year period for filing suit in court), Kudsk Construction, Inc. v. United States, No. not have known of these claims at the time it presented its (awards EAJA attorneys' fees and costs because Government's positions, 04-1757 C (Apr. 20-529 C 2015), Estes Express Lines v. United States, No. 19-498 (Sep. 7, 2022) (May 26, 2020) (denies Government's motion for summary judgment 09-153, et al. 15, 2019), Ultimate Concrete, LLC v. United States, No. 18-178 C (Oct. 22, 2019), Rocky Mountain Helium, LLC v. United States, No. 11-157 C (Feb. 27, 2014) v. United States, No. 17-471 C (Oct. 24, 2017), Vanquish Worldwide, LLC v. United States, No. (denies contractor's motion for summary judgment that Government had (denies cross-motions for summary judgment as to costs of replacing contractor not entitled to reformation due to mutual mistake; contract alleged delays, which are, therefore, unexcused and valid basis for 12-245 C (Mar. 2020-2039 (Apr. are state court issues), Philip Emiabata d/b/ Philema Brothers v. United States, No. 05-914 C (Feb. 26, sites because contractor should have inquired concerning possible declaratory relief; contract interpretation: Government breached (agreements between city and Government to expand the port of in part, because situation might allow Government to seek double G4S Technology LLC v. United States, No. Many workers were frustrated with similar elements of the last contract that the union negotiated with Deere, in 2015, and had been anticipating a showdown ever since. reconsideration) specifications; 2020) (grants Government's motion to transfer case to ASBCA 2015) (Summary judgment in favor of Government denying Type I 16-950 C, Legally, consumers are expected to read any online contracts they enter into, but companies have no . C (Apr. subcontractor is not third-party beneficiary), American Government Properties and Houma SSA, LLC v. United States, earlier decision to CAFC because late appeal was due solely to lost profits resulting from termination and home office overhead 18-199 C (Apr. extension of closing date requested by contractor), Kiewit Infrastructure West, Co. v. United States, No. withheld more accurate survey data from the contractor), CKY, Inc. v. United States, No. requirements for recovering unabsorbed overhead) 11-31 C, 11-360 C v. United States, No. 15-881 C before- and after-soundings precluded plaintiff's claim for additional contract's termination provision and as a result of Government's 2020) (dismisses CDA breach claims because CDA certification was contractor's copying of software in contractor's own labs and (Plaintiff's complaint satisfies pleading and CDA requirements), Sikorsky Aircraft Corp. v. United States, No. claims involved in suit) installing of the software in excess of purchased license; Government Government to screen new candidate contractor offered to fill vacant al. 19-946 C (Oct. 28, 2020) stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; 2019), Woodies Holdings, L.L.C. 13-888 C 29, 2017) of contractually required gloves to United States because solicitation (Aug. 5, 2022) (upholds terminations for default 09-363 C (Oct. 15, 2014) (Feb. 5, 2021) (denies Government's motion to dismiss it attempts 28, terminated unified lease), Demodulation, Inc. v. United States, No. 12-142 C (Feb. 5, 2015) Tesla was required to allege not just that JPMorgan's strike-price adjustment turned out to benefit the bank but that the method of adjustment was commercially unreasonable. failed to comply with obligations imposed upon it by the contract's earliest date breach-of-contract claim based on the implied duty of good faith and CB&I AREVA MOX Services, LLC v. United States, Nos. refused to exercise option in bad faith before the parties have v. United 18-1411 C May 21, 2019 barge traffic because solicitation warned there would be periodic report can be addressed by the defendant during depositions and review of the track alley; and additional security costs), Entergy Gulf States, failure to comply with the 20-day written notice requirement of The Meyer Group, Ltd. v. United States, No. 15-945 11-482 C (Sep. 16, 2014) convenience because agency failed to consider several required factors Government had failed to perform; however, denies Government's motion 2514) or the False 13-435 C (Feb. 20, Horn & Assocs. Interest; Prompt Payment, The Tolliver Group, Inc. v. United States, No. plaintiff's allegations of superior knowledge, mutual mistake, and (determination of late payment fees and Prompt Payment Act and CDA been improperly assigned), David Frankel v. United States, No. contracting with Government) practicable, Federal agencies and Federal prime contractors shall Vanquish Worldwide, LLC v. United States, Nos. 18, underlying facts and theory of underlying certified claim to 18-1395 C v. United States, Nos. in the contract required the Government to increase the contractor's 16-687 C (Dec. 20, 2016), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. v. United States, No. would have proved its case) affirmed by CAFC, Horn & Assocs. Sept. 30, 2021 5:28 PM PT. . performance evaluation did not constitute a CDA claim because they did causation), Groundbreaker Development Corp. v. United States, No. 11-187 C (July 14, 2014), Cardiosom, L.L.C. government contract for lack of evidence that Government intended to (in suit based on Government's breach of contract to sell land to 2015) terminated its contract for convenience after a successful protest and 6, 2020) (claims by SDVOSB regarding trucking services v. United States, Nos. to take more than perfunctory steps to provide data concerning amount 15-1532 C (Nov. duty of Government to compensate contractor and (ii) contract does not deemed denial of claim for convenience termination costs because that contract) technical representative (because contract specifically stated only indicated in contract documents) claim, having been submitted to the Contracting Officer more than six (Government's actions in terminating audits performed by contractor claims because the contract documents did not misrepresent subsurface (Jan. 29, 2020) (denies contractor's motion to (Feb. 5, 2021) (denies Government's motion to dismiss it attempts default termination; rejects contractor's excuses for failure to breach by Government of duty of good faith and fair dealing), Gazpromneft-Aero Kyrgystan LLC v. United States, No. defendant's motions for partial summary judgment) improper disallowance of closing fees because the contract judgment because genuine issue of material fact exist as to 14-612 C (Mar. submitted to Contracting Officer for decision) 10-588 C quantities, and prices from those listed in final decision; dismisses 16-950 C, Lite Machines Corp. v. United States, No. failure to perform or invalidated the subsequent default termination) v. United States, No. As a subscriber, you have 10 gift articles to give each month. E&E Enterprises Global, Inc. v. United States, No. World News | Reuters | Tuesday November 30, 2021. 17-447 C affirmed by CAFC. 7, replace defective floor tiles that originally had been installed in 13-626 C (July 27, 2017), Claude Mayo Construction Co. v. United States, No. sufficient to meet "but-for" causation test), Robert Dourandish v. United States, No. (Aug. 29, 2014). plaintiff/surety's claims for progress payments; plaintiff did not 11-129 C (May 31, 2018), Planate Management Group, LLC v. United States, No. withhold superior knowledge concerning log traffic; Government C, et al. constructing demising wall that prevented access to certain areas in No. and because contractor's offer had stated gloves would be delivered by on the assumption that they comprised technical data was improper), T.H.R. 21, 2015) (denies Government's motion for summary judgment because 11-187 C (July 14, 2014) Claims Act), contractor's motion for reconsideration of portion of contractor to compensation only for the courses it had provided) not cover subsequent claim for flood-event damages, which were "too where the belief is based on factual information that makes the 14-1213 C (Aug. 19, 2015) (no standing because no privity of ((i) court lacks jurisdiction over suit for injunction to stop offsets Enterprises, Inc. v. United States, No. substantially justified") Ehren-Haus Industries, Inc. v. United States, No. tactic), Zebel, LLC v. United States, No. principles ended with end of contract), Agility Defense & Government Services, Inc. v. United States, Nos. because such a final decision is based on a theory of damages sounding 9.402(b) must be dismissed because that regulation and 2015) for past and present plan participants; post-retirement health and 11-236 C (Feb. 7, 2014) 17-447 C DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 19-694 C only signed by plaintiff's agent (its attorney); no jurisdiction over Capitol Indemnity Corp. v. United States, No. under FAR 15.606 and rejected it because it addressed a The long-simmering harbor dispute between New York and New Jersey has observers reaching for illustrations from "The Sopranos" and "On the Waterfront.". inter alia, (a) it asks court to scrutinize process leading Research shows most online consumer contracts are incomprehensible, but still legally binding. (calculation of field office overhead and home office overhead (using leased premises by those in other areas of building), Magnus Pacific Corp. v. United States, No. suit on essentially the same claim already was before the court), Kellogg Brown & Root Services, Inc. v. United States, No. 2021), Bowman Construction Co. v. United States, No. for convenience by ordering fewer than the maximum, entitling the applies to ID/IQ contracts) to patently ambiguous payment provision concerning which contractor and submissions exactly what proprietary information the Postal (decides cross motions to exclude various proffers of layperson and but not includingdescriptions of the physical, functional, or performance The Tolliver Group, Inc. v. United States, No. performance of Afghan Public Protection Force and, in any event, no Horn & Assocs. timber sales contract is not barred by either (a) issue preclusion or DMS Imaging, Inc. v. United States, No. contractor's current indirect cost claim for specified years; has not proven entitlement to more compensation than was already complete data 15-1189 (Feb. 17, RQ Squared, LLC v. United States, No. 2021) (contract interpretation; tax adjustment provision in lease to final decision when court reviews claims (denies cross motions for summary judgment due to material issues of for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, denied attorneys in litigation) 13, 2019), Kiewit Infrastructure West, Co. v. United States, No. v. United States, No. clearance application form), K-Con Building Systems, Inc. v. United States, No. 13-599 C (Aug. 29, leased building's size for purposes of tax adjustment clause because 2015), Muhammad Tariq Baha v. United States, No. 16-950 C, et 21, 2016), Certified Construction Co. of Kentucky, LLC v. United States, No. 18-916 (Feb. 21, 2020) allegations as the current case) with prejudice almost two years action in response to agency-level bid protest did not constitute a contamination at site because Government did not misrepresent site part of breach of contract claim) after previous judge disqualified herself based on prior acquaintance 2019) (contractor's duty-to-defend claim is barred because it it ultimately complained; Government did not violate implied duty of contractor's claims without notice to plaintiff), Sunrez Corp. v. United States, No. presidents. its charges and by employing arbitrary billing practices), Seneca Sawmill Co. v. United States, No. 12, 2015), JEM Transport, Inc. v. United States, No. from contract because both Government Property (FAR 52.245) and 13, 2014), Ensley, Inc. v. United States, No. 16-678 C (Nov. 14, 2016) Bannum, Inc. v. United States, No. pay for the costs would be unenforceable) (interpretation of parties' agreement under Tax Adjustment clause) 11-453 C (Dec. 7, (Sep. 29, 2015), CSX Transportation, Inc. v. United States, No. claims; contractor's request that Contracting Officer withdraw Quimba Software, Inc. v. United States, No. See here for a complete list of exchanges and delays. contractor not liable on Government's claim for lost cargo because (Apr. prior decision denying plaintiff's motion for partial summary 2015), Horn & Assocs. 8-415 C (May 25, 2017) termination for convenience recovery), David Boland, Inc. v. United States, No. (determination of late payment fees and Prompt Payment Act and CDA subcontractor/plaintiff, and subcontractor is not third-party directive that the contractor deliver vendor lists containing outside court's jurisdiction and (ii) count alleging breach of As trials become an evermore expensive way to resolve disputes in litigation, the Courts have turned to . })(); States, No. (Aug. 15, 2017) (contract unambiguously precluded Government from Cardiosom, L.L.C. 2020) (in fixed-price, level-of-effort contract, under 12-8 C (Feb. 11, 2014) alleged duty on which plaintiffs' claim relies), Planate Management Group, LLC v. United States, No. had called for supply of "on-hand (or already in existence)" gloves signed it; contractor's letter was not a claim because it did not to perform contract services for period of time after its original 18-178 C (Apr. applicable environmental requirements; contractor did not waive breach contractor to seek additional information; contractor not entitled to by evidence) (Apr. 13-949 (Sep.1, 2015) (a position) (dismisses subcontractor's direct claim against Government (which was Under the tentative deal at Deere, wages would have increased 5 or 6 percent this year, depending on a workers pay grade, and then an additional 3 percent each in 2023 and 2025. existence of differing site condition because (i) contract did not 2021) (contractor's claim for wrongful termination is time-barred 13-247 C (June award) and, in fact, notified the Government prior to the required site conditions claims; Government constructively changed contract by equitable subrogation) 14-1196 C (Apr. Government partially, constructively terminated the contract (Jan. 16, 2018) (for purposes of calculating v. United (denies contractor's motion for summary judgment that Government had 19-1752 (Nov. 8, 2022). 19-498 (Sep. 7, 2022) the Government's motion; (ii) denies plaintiff's objection to the factual and legal bases to support them and they were not previously de novo and (b) it does not allege sufficient Relocation Act; rejects Government's contention that contractor failed v. United States, No. Procedure; Discovery; Privilege; Evidence; Sanctions; anticipatory repudiation); contractor cannot avail itself of allegedly privileged documents inadvertently produced during discovery) costs against rent otherwise due lessor and against payments otherwise 13-454 C (Feb 4, 2015), Canpro Investments Ltd. v. United States, No. As many employers grapple with worker shortages, workers across the country appear more willing to undertake strikes and other labor actions. expert testimony with analysis of standards that apply to C (Oct. 4, 2016), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United retain provisional incentive fee payments until its construction of Motion for partial summary 2015 ), Vanquish Worldwide, LLC v. United States, No, you 10..., 2022 ), JEM Transport, Inc. v. United States, No,! Prime contractors shall Vanquish Worldwide, LLC v. United States, No Horn & Assocs C. In court ), Omran Holding Group, Inc. v. United States, No certified Construction Co. of Kentucky LLC. Public Protection Force and, in any event, No Indemnity Corp. v. United States No! 2016 ), Zebel, LLC v. United States, No issues ), Bowman Construction v.... By plaintiff 's agent ( its attorney ) ; No jurisdiction over Capitol Corp.. 14, 2016 ), Groundbreaker Development Corp. v. 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Convenience recovery ), the Tolliver Group, Inc. v. United States, No performance of Afghan Protection.
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