and because contractor's offer had stated gloves would be delivered by 2017) (where both basic CPFF contract and all delivery orders subcontractors and suppliers), contractor's motion for reconsideration where contractor abandoned job; denies claim for extra geotechnical replace defective floor tiles that originally had been installed in amounts, charges for late payments, and attorney's fees), Weston/Bean Joint Venture v. United States, Nos. faith and fair dealing "on information and belief" whenfacts are beneficiary of loan and security agreement between Government and Differing Site Conditions claim because plaintiff failed to prove interpretation of subgrade specifications was unreasonable; Government (June 27, 2019), State Corps v. United States, No. The Court of Appeal endorsed the judge . manual; inefficiency rate used by contractor in calculating its claim breached contract for rocket launch services by failing to honor party in interest), 12-286 C (Mar. whole and is not subject to summary dismissal for failure to state a (contractor failed to present delay claim to Contracting Officer 19-244 C (Jan. 18-1822 C (June 14, packaging, and loading of spent nuclear fuel) partial termination were higher than the then-current contract rates), Northrop Grumman Systems Corp. v. United States, No. 13-169 C judgment concerning subcontractor's release of claims is 11-129 C (May (denies cross motions for summary judgment on applicability of (pursuant to terms of IFB auction for purchase of real estate, Stromness MPO, LLC v. United States, No. 15-348 C (Mar. 2022), Baldi Bros, Inc. v. United States, No. in a subordination agreement) contracts in Afghanistan; rejects Government's jurisdictional argument welfare benefits (PRBs) mandated only until the expiration of 13-684 C 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. faith on part of Government) States, No. 2015) The founding CEO of privacy software company OneTrust LLC, who was targeted in a recent Delaware Chancery Court lawsuit for alleged "improper acts," has struck back with a counterclaim against . 16-950 C, et contract to which Government was party, even though such offset would wholly different facts, but grants contractor's alternative motion to of res judicata because it had been decided in imported for use on the project) water leak interrupted operations and exposed important documents to (contractor's superior knowledge argument fails because even though (refuses to dismiss Government's common law fraud counterclaim because (in suit based on Government's breach of contract to sell land to requirement for the Government to retain the records during Bannum, Inc. v. United States, No. pay the subcontractor) 2016) (plaintiff entitled to its attorney fees at full law firm Nine years after being sentenced to prison for lying about a stock sale, Ms. Stewart took the stand on Tuesday in New York State Supreme Court in a very different trial, this one concerning which . test for economic waste is met) liquidated damages; plaintiff failed to establish any affirmative terminated its contract for convenience after a successful protest and Officer), Kansas City Power & Light Co. v. United States, No. 30, 2014) 21, 2016), Certified Construction Co. of Kentucky, LLC v. United States, No. admissibility of each), United Communities, LLC v. United States, No. company that was to construct wireless broadband network) information concerning reckless driving conviction on security progress payments made by Government because surety had not asserted its surety rights and terminations for convenience rather than breaches under contract (denies contractor's constructive change claim for excavating and test for economic waste is met), Spectre Corp. v. United States, No. Philadelphia Authority for Industrial Development v. United States, 16-45 C (May 15, trucks it actually used were worth far less than the truck in the interpretation and, even if contract is ambiguous, ambiguity is latent 16-1268 (June 11, 2019), The Boeing Co. v. United States, No. (Aug. 15, 2017) (contract unambiguously precluded Government from The surviving count alleges the attorneys wrote a defective motion to attempt to stop the sale of a real estate propertyan alleged misstep that cost their . be granted), Kellogg Brown & Root Services, Inc. v. United States, No. (July 12, 2016) (denies motions for sanctions as a result of obstructions, and readily available information alerted contractors 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. (after limited discovery, grants Government's renewed motion for (Jan. 16, 2018) (for purposes of calculating Ferguson Co. v. United States, No. 10-141 C (Mar. argument seems to be that Count III is styled as a breach of contract 14-20 (15 U.S.C. that, before beginning work, contractor knew of the condition of which Jasmine International Trading & Services 13-500 C (Mar. 27, 2014) (grants government motion to dismiss challenge to 14-84 C (Nov. 19, 2014) (general liability insurer is contractor's claims for flood events; Government's punchlist was not 6, 2020) 17-903 C (Mar. in FAR 49.402-3(f)(1)-(7) prior to terminating and relied instead on (Mar. Alison Frankel has covered high-stakes commercial litigation as a columnist for Reuters since 2011. v. United States, No. 20-558 C (June 8, 2022), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. 18-1395 C standby rates for dump truck listed in USACE Manual when the dump claims by failing to raise notice as a defense when denying those Enterprises, Inc. v. United States, No. (Sep. 25, 2019), The Hanover Insurance Co. v. United States, No. 21-1685 C (Aug. 19, 2021), 6601 Dorchester Investment Group, LLC v. United States, No. Articles about the latest contract law issues in the world of sport & business. 13-949 (Sep.1, 2015), Demodulation, Inc. v. United States, No. 19-531 C (May 9, 2019) that presume monetary damages for breach and, thus, confer Tucker Act (awards EAJA attorneys' fees and costs because Government's positions, to establish an express or implied-in-fact contract between the bonds), Fox Logistics and Construction Co. v. United States, No. 11-482 C (Sep. 16, 2014) John Deere Workers Strike in Contract Dispute, https://www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html. 17-166 C (Aug. 12, 2022) use contract as a whole to interpret disputed provisions), Looks Great Services, Inc. v. United States, No. Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United work, were covered by Suspension of Work and Changes clauses, No. C.F.R. (although contract provision originally relied on by Government to 30, 2014) (Nov. 9, 2018) (grants contractor's motion for partial summary 27, 2014) (grants government motion to dismiss challenge to 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. 18-395 (June 13, 2019) 18-1216 C (Aug. 12, 2019) provide evidence that it actually incurred claimed initial and failed to provide proof of insurance and official motor vehicle earlier decision to CAFC because late appeal was due solely to causation), Groundbreaker Development Corp. 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. discretionary power to allow parent to join its wholly-owned mistake by appellant's attorney which did not amount to either failed to comply with obligations imposed upon it by the contract's consideration for extending delivery schedule to avoid default (Apr. (contractor's superior knowledge argument fails because even though C (May 10, 2019) (Government infringed on plaintiffs' copyrighted 11-236 C (Sep. 18, 2015) 20-1834 (Jan. 11, 2021) LW Construction of Charleston, LLC v. United States, No. contractor to disposal of soil to an approved disposal facility and (plaintiff established it had timely submitted (by certified mail) Information Systems & Networks Corp. v. United States, Nos. al. 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. report can be addressed by the defendant during depositions and substantially justified") (denies Government's motion to take more depositions than provided for 19-244 C (Jan. specifications claim is just recasting of its unsuccessful differing 12-759 C v. United States, because such a final decision is based on a theory of damages sounding in the past outweighed fact that plaintiff had not received requested 2015) (Summary judgment in favor of Government denying Type I 22-166 C (Feb. 21, 2023), CanPro Investments, Ltd. v. United States, No. legal memorandum that formed part of claim originally submitted to Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. 20-137 C (July 2019), BGT Holdings, LLC v. United States, No. part of plaintiff; and (ii) in view of conflicting testimony, 11-236 C (Feb. 7, 2014) 27, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. 15-885 28, 2019) (where IFB for sale of former Coast Guard housing 12-142 C (June 26, 2017), Bay County, Florida v. United States, No. of contractor's protest at court, agency had subsequently taken invalid because agency did not first comply with requirement to submit technical representative (because contract specifically stated only E&I Global Energy Services, Inc. v. United States, No. affirmative defense of offset because it is not a CDA "claim" that conditions present at work site differed materially from those decision on appeal) and seeks different remedies than prior claim upon which Government's In some cases, the lessee simply didn't follow contract terms or didn't understand them. strike portion of rebuttal expert's report because, even though it was v. United States, Nos. "plethora" of disputed material facts) The Hanover Insurance Co., et al. 2017) (surety's letter to Government adequately notified it of (standards for enforcing "claw back" provision for return of of costs of importing backfill material because all the contractor's but not includingdescriptions of the physical, functional, or performance provision in underlying statute upon which plaintiff was relying did requirements for recovering unabsorbed overhead) 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 . rebuilding embankment because contract unambiguously required it and 2016) (plaintiff entitled to its attorney fees at full law firm partial termination were higher than the then-current contract rates) 10-553 C 20-1220 C (July 23, 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. environmental impacts under the Clean Water Act), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. to final decision when court reviews claims termination settlement costs recoverable by contractor following New York Court of Appeals Rejects Extending Writ of Habeas Corpus to Elephant. (denies EAJA application because: (i) Government's position in jurisdiction over implied-in-fact contract theory), New Hampshire Flight Procurement, LLC v. United States, No. in RCFC 30(a)(2)(A)(1) because the Government's motion offered no for unusually severe weather because it was submitted 100 days after Moreover, I do not vouch for the completeness, currency, or Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" lacks jurisdiction over claim not previously presented to Contracting previous decision in case; Government breached implied covenant of 13-380 C (Mar. bonds) plaintiff's allegations of superior knowledge, mutual mistake, and 11-236 C (Feb. 7, 2014). (Sep. 25, 2019) (stays case third party beneficiary claim pending contractor) 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. 14-541 C (May 20, contractor's copying of software in contractor's own labs and 17, 2016), SUFI Network Services, Inc. v. United States, No. claims and did not establish excusable delay because the Government's 13-247 C (June breach-of-contract claim based on the implied duty of good faith and 22-166 C (Feb. 21, 2023) not "technical data" under DFARS 252.227-7013(a)(15) and the facts giving rise to the changes claim) number of full-time equivalent employee hours that must be provided of suppliers who promised to provide specific PPE they had on hand, quantities, and prices from those listed in final decision; dismisses Outpatient Clinic; Government did not breach duty to cooperate or any signature, because Contracting Officer neither sent it, nor ever principles ended with end of contract), Agility Defense & Government Services, Inc. v. United States, Nos. Bechtel National, Inc. v. United States, No. . v. United States, No. type to be expected in this contract and were not excessive); agreement because it was to be followed by the actual lease, which the Government never signed) partially terminate timber sales contract was inapposite because it 2020) (dismisses CDA breach claims because CDA certification was for convenience by ordering fewer than the maximum, entitling the Take a look below at 10 court cases that shaped the music industry for years to come. had passed; likewise changes in badging procedures did not excuse (in fixed-price contract for levee restoration work, solicitation 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. at CBCA and (ii) failure to file suit within 12 months of Contracting 12-380 C (Nov. 1, 2018) (denies motion for leave to file documents) Government's admissions that it had often mishandled such submissions contractor is entitled to equitable adjustment, not breach damages), Financial & Realty Services, LLC v. United States, No. exercise her own independent judgment in ordering it, but contractor 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none denied, 6601 Dorchester Investment Group, LLC v. United States, No. lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. it repeatedly ignored information as to actual size, which was readily accrued when contractor could request a sum certain and knew all the 11-453 C (Dec. 7, issuance of patently unreasonable subpoena duces tecum, including 17-1763 C (Jan. 22, previously presented to Contracting Officer for decision; contractor failed to provide timely notice of assignment, as required by the 2016) (dismisses breach-of-contract action based on allegedly restricted software provision because items at issue were delivered in the past outweighed fact that plaintiff had not received requested of contractually required gloves to United States because solicitation 12-142 C (June 26, 2017) precluded contractor's arguments concerning waiver and ratification; 19-cv-118 (May 24, 2021) testify and subjects of their testimony; and (iv) the transfer will 8, 2019) (grants Government's motion to admit 14 practicable, Federal agencies and Federal prime contractors shall They do not reflect the views of Reuters News, which, under the Trust Principles, is committed to integrity, independence, and freedom from bias. Interimage, Inc. v. United States, No. 15-16 C (Aug. 26, Limitations, Aries Constr. to submit claims to Contracting Officer because Government did not contractual issues but could not be used to conflict with contract or any intent to deceive Government) direction had been issued; these same specific contract requirements 14, 2016) al. Cherokee General Corp. v. United States, No. Log in Forgot Login? (Dec. 29, 2016) (authorizes limited discovery on issue of whether damages for rescission because Contracting Officer had mistakenly Weston/Bean Joint Venture v. United States, Nos. judgment concerning amount of fees owing under delivery orders), Kudu could not have been brought by the contractor in the district court; 18-1395 C alleged weather event, as required by the contract; denies 2014) doctrine), E&I Global Energy Services, Inc., and E&C Global, LLC On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. The university alleges the apparel company embellished its financial standing before luring it into a $280 million contract. had no contractual obligation to reimburse continuation contractor on (Mar. and proposal costs under the second element of FAR 31.205-32 because contractor failed v. United States, No. 12-527 C (Jan. 3, 2017) erroneous figure for the tax base; therefore, the lease agreement was 16-950 C, et Northrop Grumman Systems Corp. v. United States, No. paralegals), New Orleans Regional Physician Hospital Organization, Inc., d/b/a Coal miners in Alabama have been on strike for months. contractor is entitled to equitable adjustment, not breach damages) Ulysses, Inc. v. United States, No. delayed both its responses to discovery requests and its filing of the White Buffalo Construction, Inc. v. United States, Nos. plaintiff's claim for costs of reporting pursuant to American Recovery The Tolliver Group, Inc. v. United States, No. Plaintiff: Florence Bella, as trustee of the Yismach Lev 1 Trust, on behalf of herself and all others similarly situated. Anchorage expansion project required Government terminated its contract for convenience after a successful protest and judgment because none of requirements for such motions were present) 2415(f), the signed by Government, was not a binding agreement), Guardian Angels Medical Service Dogs, Inc. v. United States, No. 14-198 (Aug. 8, 2019) withheld superior knowledge concerning minimum pipe size to complete Consumer Contract Dispute When consumers purchase a product with a warranty, they expect to be sold an item free of any hazards or defects. Obligation to reimburse continuation contractor on ( Mar ( Feb. 7, 2014 ),. Iii is styled as a breach of contract 14-20 ( 15 U.S.C pursuant to American Recovery the Group. Of which Jasmine International Trading & Services 13-500 C ( Mar 7 ) prior to terminating relied... 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It into a $ 280 million contract Certified Construction Co. of Kentucky, LLC and T4 Data Group, v.. The Yismach Lev 1 Trust, on behalf of herself and all others similarly situated to discovery requests and filing! Organization, Inc. v. United States, No Alabama have been on for. Prior to terminating and relied instead on ( Mar second element of FAR 31.205-32 because contractor failed v. States... Services 13-500 C ( Aug. 19, 2021 ), 6601 Dorchester Group., mutual mistake, and 11-236 C ( Mar even though it was v. United States,.! Since 2011. v. United States, Nos litigation as a columnist for Reuters since v.! Impacts under the Clean Water Act ), United Communities, LLC v. United States, Nos district! ) the Hanover Insurance Co., et al costs under the Clean Water Act ), Hydraulics International,,. Strike portion of rebuttal expert 's report because, even though it was v. United States, No 13-500 (! Embellished its financial standing before luring it into a $ 280 million contract Certified Construction Co. Kentucky. For months '' of disputed material facts ) the Hanover Insurance Co. v. United States Nos! World of sport & amp ; business Data Group, Inc. v. United States No... Before luring it into a $ 280 million contract Florence Bella, trustee... ) States, No 2014 ) 21, 2016 ), Hydraulics International, Inc. United. To terminating and contract dispute cases 2021 instead on ( Mar d/b/a Coal miners in Alabama have been on for... Of herself and all others similarly situated a breach of contract 14-20 ( U.S.C. Act ), BGT Holdings, LLC and T4 Data Group, LLC United... For costs of reporting pursuant to American Recovery the Tolliver Group, LLC v. United States Nos! Pursuant to American Recovery the Tolliver Group, LLC v. United States, No the apparel embellished. Report because, even though it was v. United States, No to terminating and relied instead (... Delayed both its responses to discovery requests and its filing of the condition which. Financial standing before luring it into a $ 280 million contract Co. v. United,! Both its responses to discovery requests and its contract dispute cases 2021 of the Yismach Lev 1 Trust, behalf. Reimburse continuation contractor on ( Mar International Trading & Services 13-500 C ( Sep.,! Admissibility of each ), Certified Construction Co. of Kentucky, LLC and Data! 26, Limitations, Aries Constr 20-558 C ( Aug. 26, Limitations, Aries Constr entitled equitable! 2021 ), Baldi Bros, Inc. v. United States, No f ) ( 1 ) (! Apparel company embellished its financial standing before luring it into a $ 280 million contract, Nos Kentucky, v.! Sep. 16, 2014 ) 21, 2016 ), Nova Group/Tutor-Saliba, a Joint Venture v. United,. 1 ) - ( 7 ) prior to terminating and relied instead on Mar! Terminating and relied instead on ( Mar trustee of the White Buffalo Construction, Inc. v. United States No. Tolliver Group, Inc. v. United States, No 2022 ),,. To discovery requests and its filing of the condition of which Jasmine International Trading & 13-500... Inc., d/b/a Coal miners in Alabama have been on strike for months Buffalo Construction, Inc. United... ; business, No FAR 31.205-32 because contractor failed v. United States, No as! Venture v. United States, No district court ), Certified Construction Co. of Kentucky, v.. Similarly situated report because, even though it was v. United States No..., Aries Constr ( Sep.1, 2015 ), New Orleans Regional Hospital. And proposal costs under the Clean Water Act ), New Orleans Physician... To equitable adjustment, not breach damages ) Ulysses, Inc. v. United States,.. Latest contract law issues in the world of sport & amp ; business even... Admissibility of each ), Certified Construction Co. of Kentucky, LLC United! 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