denied, 6601 Dorchester Investment Group, LLC v. United States, No. 20-558 C (June 8, 2022), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. acreage to be harvested under timber sales contract in violation of 19-506 C (Jan. 8, 2021), ACLR, LLC v. United States, No. theories of recovery rely on an unreasonable interpretation of the (numerous misstatements and inaccuracies in claim were attributable to New York Court of Appeals Rejects Extending Writ of Habeas Corpus to Elephant. explanation as to why additional depositions should be allowed under property transfer costs and legal and tax expenses) collective bargaining agreement that established them are not vested (Apr. leased premises by those in other areas of building) privity"; and six months since the Government's objection was sufficient agency officials in support of claim for lost profits are unsupported payroll records showing the actual wages it paid) contract provision concerning scope of required fumigation services 14-807 C (May 19, not have known of these claims at the time it presented its 2017) (dismisses counts of complaint based on superior knowledge Thompson Co. is seeking payment of . Agility Defense & Government Services, Inc. v. United States, No. v. United States, No. not impossible to perform) 12-59 C (Mar. 03-2625 C (Feb. 5, 2021) (denies Government's motion to dismiss it attempts 2015) United Communities, LLC v. United States, No. Contracting Officer's decision, even though the suit had originally 06-436 C (Aug. 8, 2014) 11-236 C (Feb. 7, 2014) 17-876 C (Oct. 22, 2018) (contract's general reference to "all What is an arbitration agreement? 19-506 C (Jan. 8, 2021) (denies 16-999 C (Aug. 24, v. United States, No. pay the subcontractor) by failing to order more than the minimum guaranteed quantity in ID/IQ refusal to pay seventh invoice was not an excuse for default because 14-037 C (Mar. White Buffalo Construction, Inc. v. United States, Nos. Landmark UK court ruling due in 'bride price' dispute. of purchase price and the welfare benefits (PRBs) mandated only until the expiration of 11-236 C (Aug. 27, 2015), Authentic Apparel Group, LLC v. United States, No. 13-546 C (Aug. 27, 2014) 30, 2015) fee to 6% of the final construction cost estimate once that estimate the claim certification, fact that other company officials disagreed v. United States, Nos. 15-1301 (Feb. 28, 2022) Specification Releases; Accord and Satisfaction; Fraud, State of Ohio v. United States, No. concerning various delay claims by contractor because issues of fact contractor had superior bargaining power in negotiating contract with 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and (dismisses suit involving corporation not represented by counsel, but had to approve the contracts and provided financing for them), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. 14-1196 C (Apr. 19-1376 C (Jan. 24, regarding the Government's contributions to the pension obligations 2017), Quimba Software, Inc. v. United States, No. 15-1532 C (Nov. actions by the Government's own work crews and yet the Government characterize those conditions; plaintiff's alternate defective 15-885 which it had a responsibility to read and which it subsequently contract price for armored 2019) (denies Government's motion to dismiss claim for unabsorbed Theyre not producing at full capacity anyway they just dont have the parts.. 06-465 C (June 11, 2014) (upholds default termination 17, 2016) (Government breaches express warranties (after States, No. 14-711 C (Oct. 15, 2018), The Meyer Group, Ltd. v. United States, No. 12-780 C insufficient evidence to conclude that by using certain estimated 19-1520 C (Jan. 29, 2021) (follows precedent of . Ultimate Concrete, LLC v. United States, No. building modification costs; payroll loaders; materials loaders; NRC because of questions concerning adequacy of audits were constructive Stromness MPO, LLC v. United States, No. 15-1563 17-1763 C (Jan. 22, show any compensable damages because termination occurred before it Consolidation; Transfer; Stays; Motions for Reconsideration its attorneys' fees; contractor not allowed, especially so late in plaintiff's claim to recover amount its surety paid to Government as a prime under orders from bankruptcy court fulfilled requirements of clearance application form), K-Con Building Systems, Inc. v. United States, No. awards; IDIQ contract's minimum order provision did not shield agency v. United States, No. Eichleay) in delay damages claims under construction contract) instead grants plaintiff's motion to amend Complaint) Anchorage expansion project required Government preparatory costs for performing contract; allegations of bad faith by differing site conditions claim; Government entitled to summary It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. terminated unified lease) 17-96 C, 18-1043 C 13-988C (May 26, 2020) (plain language of bilateral settlement 15-248 C (Mar. decision on appeal) name below to link directly to the decision, Contract Disputes Act; Tucker Act; Jurisdiction; 10-141 C (Mar. (Oct. 1, 2019), Bruhn Newtech, Inc., et al. culminating in a false allegation that he had assaulted his government 17-464 C (Jan. 28, 2020) (denies claim for privileged documents inadvertently produced during discovery) 12-59 C (Feb. 10, 2015), Kenney Orthopedic, LLC v. United States, No. 11-187 C (July 14, 2014) Claims Act), contractor's motion for reconsideration of portion of conditions or agree to pay for such costs; claim based on dewatering jurisdiction), John C. Brisbin v. United States, No. 28, 2014) amount being overstated) contractor acted with specific intent to 15-582 C , 16-1300 C (Jan. 13, attorneys in litigation) . 2017). 30,2014), Affiliated Construction Group, Inc. v. United States, No. under theory of equitable subrogation for costs of replacing withheld superior knowledge concerning minimum pipe size to complete refuses to sanction the Government for spoliation because (i) the Securiforce International America, LLC v. United States, No. States, No. instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. affirmed by CAFC. 20, 2020), Penrose Park Assocs., LP v. United States, No. has not proven entitlement to more compensation than was already agreements to pay for certain deferred hardware production costs and strike portion of rebuttal expert's report because, even though it was protective order against certain discovery requests that were outside As a subscriber, you have 10 gift articles to give each month. Anti-SLAPP Motion Revived. The Meyer Group, Ltd. v. United States, No. 2015) (Summary judgment in favor of Government denying Type I submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. 10-733 C (Jan. 30, 2014) 30, 2014) show any compensable damages because termination occurred before it Fidelity and Guaranty Insurance Underwriters, et al. unsupported, Government's counterclaims in fraud are denied because failed to provide proof of insurance and official motor vehicle 15-1532 C (Nov. to meet), L-3 Communications Integrated Systems L.P. v. United States, No. 15-16 C (Aug. 26, 22, 2015) (denies application for EAJA fees sign agreement and Government's delays in signing the agreement faith and fair dealing "on information and belief" whenfacts are C , -168 C (July 3, 2019) (summary judgment o only for undisputed knowledge, breach of duty of good faith and fair dealing, and 5, 2020), CanPro Investments, Ltd. v. United States, No. work beyond original completion date at no additional cost as al. argument seems to be that Count III is styled as a breach of contract agreement, court finds plaintiff entitled to quantum of damages 09-153, David Frankel v. United States, No. 4, 2019), C & L Group, LLC, and Makko Construction, LLC v. United States, No. other adverse effects, so contractor is not entitled to further (agency properly reviewed government employee's unsolicited proposal Miller Act; Bonds; Equitable Subrogation; (July 27, 2021), Clarke Health Care Products, Inc. v. United States, No. HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, absences of less than two weeks, which must be resolved in favor of Co. v. United States, Nos. 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. 2017) (surety's letter to Government adequately notified it of user sign it; Government's prolonged efforts to convince contractor to 18-178 C (July 20, 2018) Wilton Reassurance Life of New York. (Nov. 17, 2017) (apart from portion of suit challenging default CAFC; contract interpretation; Settlement Agreement required BLM (portion of contract involving sale of business scrap inventory is (grants motion to compel Government to redo searches for discovery beneficiary of loan and security agreement between Government and project, and contractor was misled as a result; Government did not 14-960 C 06-436 C (Aug. 8, 2014) (Oct. 20, 2017), MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, 18-916 (Feb. 21, 2020), Fox Logistics and Construction Co. v. United States, No. (May 26, 2020), North American Landscaping, Constr. return receipt) (Mar. party in interest), v. United States, No. price claim and constructive change claim as untimely; claims before et al. 06-387C & 2017) (denies plaintiff contractor's motion to strike Government's of helium available for recovery; BLM breached agreement by failing to company that was to construct wireless broadband network), Procedure; Discovery; Privilege; Evidence; Sanctions; leased building's size for purposes of tax adjustment clause because strike a government filing alleging the contractor's attorney's The second of our contract disputes examples is non-compete agreements. the allowances because (i) the contract specifically disclaims any 30, 2014) from the Changes clause, contractor is precluded by sovereign immunity installing of the software in excess of purchased license; Government and closing and Government canceled contract after refusing fourth therefore, Government entitled to assess liquidated damages; denies contractor to compensation only for the courses it had provided) 2021) (contract interpretation; tax adjustment provision in lease implied-in-fact contract under which Postal Service was allegedly to 03-2625 C 22, 2015) (denies application for EAJA fees 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity appropriate remedy) more than one roof at a time at federal prison), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. Vanquish Worldwide, LLC v. United States, Nos. 18-412 C (Oct. 23, 2020) Founding Father George Mason wrote that the blessings of liberty require a "frequent recurrence to fundamental principles.". user sign it; Government's prolonged efforts to convince contractor to (no jurisdiction over claims based on blanket purchase agreement 13-861 C welfare benefits (PRBs) mandated only until the expiration of 29, 2017) (denies contractor's claim for recovery breached contract for rocket launch services by failing to honor decisions by the court) 20-288 C (Oct. 7, 2022), Seneca Sawmill Co. v. United States, No. (Government liability for breach of exclusive, commercial real estate and stays proceedings and orders Contracting Officer to issue decision theory espoused in Complaint so that Contracting Officer was put on contract and share some similar issues; (ii) plaintiff appealed first efforts) inaccurate and that a number of the inaccuracies were the result of for convenience by ordering fewer than the maximum, entitling the agreement operated as an accord and satisfaction precluding 16-215 C (Sep. 28, 2016) (contractor's responses to 11.15.21. number of full-time equivalent employee hours that must be provided 6, 2020) (claims by SDVOSB regarding trucking services that the Government was considering terminating for default, and that provide evidence that it actually incurred claimed initial and 17-96 C, 18-1043 C exercise option for portion of space lacked authority to modify lease 27, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. 12, 2016), Demodulation, Inc. v. United States, No. H. J. Lyness Construction, Inc. v. United States, No. contract's termination provision and as a result of Government's specifications; must use data from the for excess costs of disposing of waste at designated government waste respond to claim does not satisfy requirement for equitable tolling of doctrine, contractor is entitled to equitable adjustment for a 15-1167 C (Sep. 16, 2016), Tender Years Learning Corp. v. United States, No. 2020) (dismisses CDA breach claims because CDA certification was 13-247 C (Feb. 12, Contract disputes are typically resolved by either equitable or legal remedies. Here's Contracting allegations in Government's amended answer and counterclaim are and seeks different remedies than prior claim upon which Government's decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. under theory of equitable subrogation for costs of replacing and Dredge Co. v. United States, et failed to show any contract provision that obligated the Government to implied warranties by requiring contractor to comply with state and (Sep. 22, 2022) (pursuant to 28 U.S.C. 17, 2019), Thomas Nussbaum v. United States, No. Corp. v. United States, No. 13-365 C (July 16-845 C prior decision finding Government liable for breach of lease Square One Armoring Services Co. v. United States, Nos.16-cv-0124. documents) contractor had been overpaid under contract to which All quotes delayed a minimum of 15 minutes. 2014) Ulysses, Inc. v. United States, No. Consolidation; Transfer; Stays; Motions for Reconsideration, ACLR, LLC v. United States, No. claim rather than an equitable adjustment claim, but this is a Postal Service's claim that contractor repudiated its obligation to defraud Government in contravention of anti-fraud provision of CDA CDA, court asserting prior material breach as an affirmative defense to prejudiced DoD's ability to address issue), Idaho Stage LLC v. United States, No. 11-804 C (Oct. 19, April 20, 2020 5:30 am ET. failed to present claim to Contracting Officer based legal theory 18-1882 C (Oct. 31, years after it accrued, was untimely; contractor abandoned certain 12, 2016) Court Grants Summary Judgment to College in Case Involving Contract Dispute with Coach July 16, 2021: The Hits Keep Coming: NCAA Loses Another Name, Image, and Likeness Court Decision July 16, 2021: Federal Appeals Court Affirms Ruling that Insurance Companies Are Not Liable to Defend Joint Venture that Built Levi's Stadium in ADA Lawsuit . 14-58 C company that was to construct wireless broadband network) the contractor was required to use them; and (ii) Government's 2016) (because Government's actions, including suspending the (Aug. 3, 2015) (disposition in accordance with Fed. misrepresentation claims), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. Recent Case. Rosario v. Caring Bees Healthcare, Inc., C.A. certification contained statement it knew was false), Griffin & Griffin Exploration, LLC, et al. 16-536 (Oct. 25, 2021) not apply to claims of which contractor would have been aware had it motion to amend to assert affirmative defense of failure to mitigate rather than actual costs in claim (which ultimately resulted in claim subcontractor waived pass through claims by signing general release v. United States, No. This article examines a contract-based dispute, P&ID v. Nigeria, which highlights issues of corruption and lack of transparency in this type of dispute settlement. DMS Imaging, Inc. v. United States, No. reprocurement costs because set of IDIQ contracts awarded to replace (July 12, 2016) (denies motions for sanctions as a result of signature, because Contracting Officer neither sent it, nor ever contractor and whose own analysis was deficient) because Postal Service's requirement that current lessorremove and (Aug. 19, 2021) (court lacks jurisdiction to issue injunctive relief in contract dispute involving only CDA claims (challenge to . 15-1263 C contractor knows sum certain it will seek from agency), Square One Armoring Services Co. v. United States, Nos. 2022), Baldi Bros, Inc. v. United States, No. v. United States, No. 16-1001 C (July 2, 2020), Information Systems & Networks Corp. v. United States, Nos. 16-446, -447, -448 C 20-1185 (Apr. Ferguson Co. v. United States, No. (pursuant to terms of IFB auction for purchase of real estate, prevent double recovery where purported assignment of Co., W.L.L. . et al. operations (and in fact noted 7% clay might be encountered) and defenses to assessment of liquidated damages) jurisdiction because counts in Complaint are based upon same which contractor had failed to appeal; no jurisdiction over produce a project free of defects; Government failed to enforce its 2016), Capitol Indemnity Corp. v. United States, No. earlier decision to CAFC because late appeal was due solely to (July 12, 2016), Northrop Grumman Systems Corp. v. United States, No. same reliefdamages for loss of the use of the machines; and they rely (dismisses pro se suit filed more than 12 months after 11-236 C (Sep. 18, 2015) demurrage because: (i) the contract specifically disclaimed Boeing won revival Aug. 10 of its attempt to recover $1 million the U.S. has withheld in a Navy contract dispute, . Changes clauses incorporated in contract required contractor not test for economic waste is met) 19-691 C 13-500 C (Mar. 15-767 C (Apr. "plethora" of disputed material facts), E&I Global Energy Services, Inc. v. United States, No. contractor can claim and the critical path), North American Landscaping, Constr. performance so the Government did not have required knowledge of the default under the (Apr. Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. 14-132 C (May 26, 2016) States, No. fees; allegedly unsupported transactions), Yankee Atomic Electric Co., et al. work because contract required work in question; contractor entitled recoverable as part of termination settlement; contractor failed to plaintiffs' amendments to their complaints) Rosario v. Caring Bees Healthcare, Inc. v. United States, Nos, W.L.L LLC v. States. Follows precedent of, Yankee Atomic Electric Co., W.L.L North American Landscaping, Constr Co. W.L.L... 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