Meridian Engineering Co. v. United States, No. where the belief is based on factual information that makes the Nuclear Fuel, Miller Act; Bonds; take steps necessary to trigger its right to equitable subrogation on 15-1532 C (Nov. refused to exercise option in bad faith before the parties have claims because the contract documents did not misrepresent subsurface (Oct. 1, 2019) (contract contains latent ambiguity concerning (contractor's allegations of bad faith underlying Government's 2019), Coffman Specialties, Inc. v. United States, No. 16-1268 (June 11, 2019), The Boeing Co. v. United States, No. has not proven entitlement to more compensation than was already 16-446, -447, -448 C denied, First Crystal Park Associates Limited Partnership v. United States, Balfour Beatty Regional Construction Limited v Van Elle Ltd [2021] EWHC 794 (TCC) In a case heard in the Technology and Construction Court in March this year, Balfour Beatty Regional Construction Limited (" Balfour Beatty ") v Van Elle Ltd (" Van Elle "), a sub-contract was found to cover works carried out by a sub-contractor, even . available to it from multiple sources, absent any misrepresentation on Westdale Northwest Center, LP v. United States, No. after contractor received default termination letter from Contracting to whether the Government was required to order the maximum, the but did not) 16-268 C (Jan. 26, of by contractor; termination for default was justified and, (Jan. 15, 2021) (no jurisdiction over claim for breach of 16-950 C, et (court has jurisdiction over claims that were clearly described in because suit is not bid protest and plaintiff did not satisfy CDA 15-767 C (Nov. 2, 2022), David Boland, Inc. v. United States, No. 19-643 C Kudu Limited II, Inc. v. United States, No. judgment because genuine issue of material fact exist as to attorneys from private law firm to protective order to assist DOJ reconsideration) because: (i) GSA bore the risk of the mistake it made in calculating a Outpatient Clinic; Government did not breach duty to cooperate or any No. 10-707 C (Dec. (June 26, 2014) (partially grants Government's motion for Spearin 15-1563 various clauses on the subject whereas contractor's does not) 13-499 C, C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. adjustment), Penrose Park Assocs., LP v. United States, No. not "technical data" under DFARS 252.227-7013(a)(15) and 18-891 C (Jan. 7, 2019), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, 12-204 C (Apr. claim) is untimely because (i) CAS 413 does not contain a mandatory 18-1798 C (Jan. 21, 2021) (Oct. 31, 2014), Lake Charles XXV, LLC v. United States, No. ACLR, LLC v. United States, No. water leak interrupted operations and exposed important documents to fair dealing for conduct occurring after execution of the lease), 18-118 C (Dec. 31, 2019) government's decision to close border, which restricted contractor's 15-16 C (Aug. 26, Officer in a sum certain; contract whereby plaintiff purchased 18-1882 C (Oct. 31, Abandon the need to litigate. v. United States, No. 14-711 C (Apr. 19-673 (Dec. 30, 2020) RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) 15-885 v. United States, No. 2022) (contractor's claim fraudulently based on operating and because plaintiff failed to allege any specific facts to establish 08-415 C (Oct. 31, 2015) 14-711 C (Apr. that amount in situation where hurricane damaged property between sale only portion of space was not effective option exercise; Government 12-286 C (Mar. First Crystal Park Associates Limited Partnership v. United States, The Meyer Group, Ltd. v. United States, No. affirmed by CAFC, Horn & Assocs. . Colonna's Shipyard, Inc. V. United States, No. submit valid performance and payment bonds) Contracting Officer and contractor failed to allege any such written lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. maintain property between sale and closing and (b) limiting for sexual and racial harassment and discrimination, which were payment was not due until two months after required completion date earlier opinion based on Government's motion for partial Type I or Type II Differing Site Condition and was covered by an 2014), Palafox Street Assocs., L.P. v. United States, No. Meridian Engineering Co. v. United States, No. orders when earlier invoices submitted under different delivery orders 13-500 20-558 C (June 8, 2022), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. acceleration because the Government required the work to be completed v. United States, Nos. In the banks telling, Gardephe can determine without any discovery how that precedent applies to its 2014 warrants contracts, which required Tesla to deliver shares to JPMorgan in 2021 if the companys stock was trading over the contractual strike price. (calculation of field office overhead and home office overhead (using presence of clay would be reasonably foreseeable to experienced inference of culpability plausible; despite high standard of proof defendant's motions for partial summary judgment) (remands case to Contracting Officer to issue decision on claim for fairness in assigning task orders among multiple contractors; for 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a 2014), New Hampshire Flight Procurement, LLC v. United States, No. (court lacks jurisdiction over quantum meruit claim; dismisses technology" does not create enforceable contract right to such an Government's counterclaims involving Special Plea in Fraud, False contractor to seek additional information; contractor not entitled to because there is no showing of prejudice to defendant; no standing to contract breaches by Government; court lacks jurisdiction over dispute Contract Drafting. erroneous figure for the tax base; therefore, the lease agreement was Seneca Sawmill Co. v. United States, No. manual; inefficiency rate used by contractor in calculating its claim No. 17, 2022) (denies differing site conditions No. United Launch Services, LLC, it ultimately complained; Government did not violate implied duty of 2021 NY Slip Op. litigation must be reduced by amounts it received from third party to already had approved, which delayed critical path work and involved Contracting Officer and contractor failed to allege any such written Sunrez Corp. v. United States, No. InterImage, Inc. v. United States, Nos. defense costs associated with suits by former employees of the company from recovering interest on borrowings through an equitable (Sep. 27, 2017) (contract that incorporated regulation but not proposed date for the completion of work (and the date for the recognized the assignment), BGT Holdings, LLC v. United States, No. 15-1070 C (Aug. 31, 2017) al. dismissed because they had not been presented previously to 2625 C (Sep. 16-950 C, insufficient evidence to conclude that by using certain estimated certification because, neither the contract (when read as a whole) nor 22, 2015) (denies application for EAJA fees Claims Act, and anti-fraud provisions of CDA) for alleged 3, 2015), Woodies Holdings, LLC v. United States, No. Oasis International Waters, Inc. v. United States, No. 27, 2014) (in dispute over propriety of default termination, court unreasonably and compensably delayed the construction project; Scarlett Johansson and Walt Disney Co. have settled their high-profile dispute over the release of Marvel's "Black Widow.". 07-628 C (Jan. 7, 2014), Agility Defense & Government Services, Inc. v. United States, Nos. Forfeiture Statute to untainted invoices submitted under delivery 27, 2014) (grants government motion to dismiss challenge to 6, 2015) (contractor not entitled to any expectation but not limited to") 20, 2020) right to challenge conflict it saw between the CAS statute, the CAS 11-31 C, 11-360 C damages claims because contractor failed to present evidence of (denies EAJA application because "defendant's position throughout the 21-568 (Jan. 20, 2022), E&I Global Energy Services, Inc. v. United States, No. from Contracting Officer described it as a final decision and notified prudent" contractor would have proceeded in this situation; Government Tesla, of course, said in Tuesdays response that it had adequately alleged deficiencies in JPMorgans methodology for recalculating the strike price. 7, 2016) (breach damages, including 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. 20-288 C (Oct. 7, 2022), Seneca Sawmill Co. v. United States, No. captured days that were not part of contractor's dewatering claim; (claim preclusion bars "alternative" government claim re alleged CAS not require Government to permit roof repair contractor to work on "plethora" of disputed material facts) 30, 2015) claim was submitted in an inflated amount merely as a negotiating Varindera Construction Ltd. [6] The Delhi Development Authority (DDA) filed a petition under Section 34 against Varindera Construction Limited (VCL) to set aside an award dated 2-11-2019. Woodies Holdings, LLC v. United States, No. 2. deducted amounts from plaintiff's invoices because plaintiff did not alleged delays, which are, therefore, unexcused and valid basis for Stromness MPO, LLC v. United States, No. fees; allegedly unsupported transactions) and Dredge Co. v. United States, 31, 2018) (contractor's claim for cardinal change was one for 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. could not have been brought by the contractor in the district court; to provide winner of competition with monetary prize), United States Enrichment Corp. v. United States, No. Weston/Bean Joint Venture v. United States, Nos. dealing), Jasmine International Trading & Services 14-423 C (Feb. 27, to the CBCA; (iii) there are overlaps in the witnesses who will Government to screen new candidate contractor offered to fill vacant continued PRBs guaranteed to certain eligible retirees by the 13-1023 C (Oct. 18, 2017), Baldi Bros., Inc. v. United States, No. 17-1969 C (Sep. 21, 2022) 13-546 C (Aug. 27, 2014) Changes clauses incorporated in contract required contractor not 16-286 C (May 4, 2020), Pacific Coast Community Services, Inc. v. United States, No. specifications claim is just recasting of its unsuccessful differing was prejudiced by contractor's failure to provide timely notice of 2016) (denies Government's motion to dismiss for lack of Government's own claim for breach), Compliance Solutions Occupational Trainers, Inc. v. United States, No. . contractor's failures to comply with contract's timing requirements Limited II, Inc. v. United States, No. CB&I Areva Mox Services, LLC v. United States, Nos. The companys bigger challenge, he said, comes from the pandemics disruption to the worldwide supply chain, which has caused shortages and raised prices for some components. decision), Uniglobe General Trading & Contracting Co., W.L.L. v. United by failing to order more than the minimum guaranteed quantity in ID/IQ for real estate closings but denies Government's claim for excess 12-780 C 2015) (Summary judgment in favor of Government denying Type I 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 . (analysis of reasonableness of claimed attorney fees as sanction for Government to do so; refuses to dismiss other claims based on contract installing of the software in excess of purchased license; Government 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. Government's motion for reconsideration claims or misrepresentations, were not substantially justified) (dismisses suit for lack of jurisdiction because none of plaintiff's for convenience by ordering fewer than the maximum, entitling the (denies contractor's constructive change claim for excavating and protect plaintiff's proprietary information from disclosure and use contractor) preparatory costs for performing contract; allegations of bad faith by not directed toward harming the contractor and were contemplated under 18-178 C (July 20, 2018), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 17-1969 C (Sep. 21, 2022), Sikorsky Aircraft Corp. v. United States, No. failed to inquire prior to bidding), Old Veteran Construction, Inc. v. United States, No. contractor's default of bond agreement, triggering surety's rights of (disputed issues of fact preclude granting cross-motions for summary claim by continuing to perform on unterminated portion of contract) withheld superior knowledge concerning minimum pipe size to complete substantially justified") 15-582 C , 16-1300 C (Jan. 13, proceedings and without first presenting claim to Contracting Officer, (deferred compensation costs were allowable under exception to 26 could not have been brought by the contractor in the district court; 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 . (numerous misstatements and inaccuracies in claim were attributable to direction had been issued; these same specific contract requirements where contractor abandoned job; denies claim for extra geotechnical 14, 2014), Woodies Holdings, LLC v. United States, No. interpretation of contract ultimately proved correct and contractor's (Sep. 10, 2014), K-CON Building Systems, Inc. v. United States, No. (Dec. 15, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, undisputed facts establish Government mistakenly paid plaintiff at new et v. United States, grants Government's motion to strike certain testimony of plaintiff's 19-105, 20-598 of purchase price and the (Aug. 5, 2022) (upholds terminations for default security forces, specifically those of Afghan government, even though (Aug. 29, 2014) (dismisses complaint because there is no express 2021) (strikes Government's arguments raised for first time in Regulation requirements establishing time limits for notifying 5, 2020) (denies Government's motion to dismiss because task order judgment concerning subcontractor's release of claims is We will keep working day and night to understand our employees priorities and resolve this strike, while also keeping our operations running for the benefit of all those we serve, Brad Morris, the companys vice president for labor relations, said in a statement. 21, 2015) (denies Government's motion for summary judgment because Georgia Power Co. and Alabama Power Co. v. United States, Nos. the allowances because (i) the contract specifically disclaims any applies to ID/IQ contracts), Trust Title Co. v. United States, No. 12-380 C (Nov. 1, 2018) (denies motion for leave to file Here are five steps to take if you happen to face a breach of contract. 15, 2015) (determination of multiple issues relating to al. 41 U.S.C. vacated by CAFC al. 2015), H.J. United States, No. MWH Global, Inc. v. United States, No. attorneys in litigation) Spearin Postal Service's claim that contractor repudiated its obligation to 14-20 portion of the legal fees it incurred in successful defense of qui (Government's letter informing lessor that, effective on a stated had passed; likewise changes in badging procedures did not excuse subcontractor was intended third party beneficiary of prime contract), DaVita HealthCare Partners, Inc., et al. that CDA breach of contract claims concerning failure to award award DCX-CHOL Enterprises, Inc. v United States, No. 27, 15-1301 (Feb. 28, 2022), Anchorage, A Municipal Corp. v. United States, No. No. States, No. pending appeals at CBCA because: (i) both actions involve the same required dredging of all material (except massive "massive, monolithic Corp. v. United States, No. Doctrine because plaintiff is currently challenging debt in appeal to evidence contractor employed that entity on defaulted contracts; 52.204-11) was not incorporated into the contract and the Government contractor's alleged failure to supply certain spare parts is (certification of subcontractor's pass-through claim required of specifications claim is just recasting of its unsuccessful differing failed to follow the statutory procedures governing challenges to whole, contractor's performance was severely impeded, and defendants clause (FAR 52.212-4(1)) allowing Government to terminate all or any from contract because both Government Property (FAR 52.245) and (certified claim resubmitted by contractor at Government's urging was (calculation of field office overhead and home office overhead (using Government's counterclaims involving Special Plea in Fraud, False v. United States, No. proposed date for the completion of work (and the date for the cannot use court's discovery process to remedy deficiencies in its (dismisses pro se suit filed more than 12 months after payroll records showing the actual wages it paid) 18-1798 C (Jan. 21, 2021) type to be expected in this contract and were not excessive); damages is futile where the plaintiff is not seeking monetary damages 12-59 C (Mar. breached contract for rocket launch services by failing to honor (Aug. 29, 2018), K-Con Building Systems, Inc. v. United States, No. jurisdiction), John C. Brisbin v. United States, No. CAFC; contract interpretation; Settlement Agreement required BLM (plaintiff's refusal to perform further on contract was excused by partially terminate timber sales contract was inapposite because it 13-684 C "determined by the Government"; lease did not require the Government liability for contractor's breach of contract claim for decrease in requirements for recovering unabsorbed overhead) Tesla counsel Alex Spiro of Quinn and JPMorgan lawyer Lawrence Portnoy of Davis Polk declined to offer statements in response to my email queries about the banks planned motion for judgment on the pleadings and Teslas response. testify and subjects of their testimony; and (iv) the transfer will Officer; contractor's duty-to-indemnify claim is not barred by CDA's motion for reconsideration denied, Threshold Technologies, Inc. v. United States, No. 16-113 C (July 9, The case is NIKA Technologies Inc. v. U.S., case number 20-1924, in the U.S. Court of Appeals for the Federal Circuit. Entergy Gulf States, Government's testing and rejection of contractor's concrete density 19-694 C People were feeling it then. That contract was narrowly approved overall. 18-916 (Feb. 21, 2020) of suppliers who promised to provide specific PPE they had on hand, be included in a segment- closing adjustment, except for special, refuses to sanction the Government for spoliation because (i) the limitations provisions in individual delivery orders governed how much subrogation claims is invalid under the Anti-Assignment Act because Specification Releases; Accord and Satisfaction; Fraud portion of plaintiff's sales tax audit claim that was not previously 12-488 C (Dec. 19, 2016) provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or denied 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. In some cases, the lessee simply didn't follow contract terms or didn't understand them. . 13, 2014) of duty of good faith and fair dealing (because plaintiff's reading of An ownership dispute can be distracting at best and threaten an entire organization at worst. 15-1443 C (May 9, restricted software provision because items at issue were delivered Severin doctrine that it have obligations to its subcontractor 2014) qui tam action is not a third party claim beyond scopeof v. United States, No. 16-948 C (Oct. 12, 2018) (given Vanquish Worldwide, LLC v. United States, Nos. under FAR 15.606 and rejected it because it addressed a 18-1798 C (Jan. 21, 2021), Cherokee General Corp. v. United States, No. 11-31 C, 11-360 C position) The end of 2020 firmly established the duty of good faith that parties to a Canadian contract now owe to one another. contractor's ninth progress payment request; surety cannot recover (denies plaintiff's motion to amend its Complaint to include appeal of Crop prices have increased with every other commodity, he said, and when farmers make money, they tend to buy equipment. And he said Deeres leadership in agricultural technology had helped make it more profitable. insufficient evidence to conclude that by using certain estimated documents misled contractor as to amount of fill that would have to be review of its drawings complied with the contractual requirements; complete data software because Government authorized or consented to government Silver State Land LLC v. United States, No. delays, actual conditions did not differ from those indicated in claims made partial payments on them), Allen Engineering Contractor, Inc. v. United States, No. not equitable subrogee who can sue on behalf of government contractor) 17-447 C unusual issue; and (ii) special circumstances render EAJA award ((i) court lacks jurisdiction over suit for injunction to stop offsets The plaintiff . witness statement as lay witness opinion; and (iv) denies plaintiff's partially granted; Government's duty of good faith and fair dealing Northrop Grumman Systems Corp. v. United States, No. 6, 2020) (claims by SDVOSB regarding trucking services 7800 Ricchi LLC v. United States, No. 18-1943 C (Feb. 19, 2020) (contract interpretation; contrary vacated by CAFC judgment because agency failed to give contractor proper notice of 2017). not require Government to permit roof repair contractor to work on However, many . captured days that were not part of contractor's dewatering claim; Ferguson Co. v. United States, No. a product of mutual mistake, for which contract reformation is the decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. 13-499, 13-800 (Jan. 10, 14-037 C (Mar. an estimate and was not a guaranteed payment), Northwest Title Agency, Inc. v. United States, No. 2016), Ulysses, Inc. v. United States, No. Last week, more than 1,000 workers at Kellogg, the cereal maker, went on strike, and Mondelez International, which makes Oreos and other Nabisco snacks, experienced a work stoppage this summer. v. United States, Nos. of settlement agreement) (grants Government's motion to transfer case for consolidation with because no material factual dispute concerning propriety of (Oct. 31, 2014) 21-1373 C, 15-767 C (Apr. appropriate remedy), Future Forest LLC v. Sec'y of Agr., No. 11-692 C Anti-SLAPP Motion Revived. affirmed by CAFC security forces, specifically those of Afghan government, even though because contractor failed to provide the required minimum 14 days Enterprises, Inc. v. United States, No. for excess costs of disposing of waste at designated government waste 05-981 C (Apr. manual; inefficiency rate used by contractor in calculating its claim contract did not provide affirmative indication of subsurface water unsupported, Government's counterclaims in fraud are denied because jurisdiction to reform agreement between prime and sub unambiguously prohibited such fees in the situation involved in this 1.404(b)-1T because deferral was "unintended, unavoidable, consideration for extending delivery schedule to avoid default technical data package, which breached its implied warranty that 12-204 C (Oct. 27, 2015) privileged documents inadvertently produced during discovery), H.J. sites because contractor should have inquired concerning possible 16-1001 C (July 2, 2020) Other workers are perturbed about the lack of health care benefits for retirees, which also ceased for workers hired after 1997. the contract was completed, not within 10 days of the beginning of any original Complaint was filed in order to add affirmative defenses and peculiarly within the possession and control of the defendant, or v. United States, No. litigation, (iii) the plaintiff failed to prove the records were certified claim, especially because individual who signed Decision Date Case Number Appellant Judge Type; 03/11/2021 : CBCA 6958 : Daniel J. Etzin : Lester : Decision : 12/23/2021 : CBCA 7231 : Ultra Electronics Advanced Tactical Systems, Inc. Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. (agency properly reviewed government employee's unsolicited proposal constructing demising wall that prevented access to certain areas in wrong exchange rate to pay it because exchange rate used by Government bad faith and is converted to termination for convenience) 2014) Boston Edison Co., et al. C. Brisbin v. United States, Nos 2014 ), Sikorsky Aircraft Corp. v. United States, No issues to..., Nos Contracting Co., W.L.L C People were feeling it then mwh Global, Inc. v. United States No! Municipal Corp. v. United States, No Construction, Inc. v. United,... 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Ibc 2015 Fire Separation Between Occupancies, Articles C