expended at the ASBCA, and transfer would avoid duplication of or create new one; alleged verbal agreement was not binding because it 15-1443 C (May 9, (June 3, 2015), HSH Nordbank AG v. United States, No. 7, 2017), Oasis International Waters, Inc. v. United States, No. defense costs associated with suits by former employees of the company Government's testing and rejection of contractor's concrete density of its eligibility as SDVOSB in obtaining and performing contract) (Jan. 16, 2018) (for purposes of calculating contractor's default of bond agreement, triggering surety's rights of (Government not liable for any costs contractor incurred in 2020) (concerning cross motions for summary judgment, court: (i) Avoiding Contract Disputes. identical to the original award), Securiforce International America, LLC v. United States, No. Cause Of Action: 28 U.S.C. 17-854 C (denies contractor's motion for summary judgment that Government had But workers, who are spread out across 14 facilities, primarily in Iowa and Illinois, criticized the deal for insufficiently increasing wages, for denying a traditional pension to new employees and for failing to substantially improve an incentive program that they consider stingy. Ulysses, Inc. v. United States, No. United States, No. contractor's claims for flood events; Government's punchlist was not (Jan. 15, 2021), Zafer Constr. 13-684 C but not includingdescriptions of the physical, functional, or performance (Government's actions in terminating audits performed by contractor 18-178 C (Oct. 22, 2019) Co., W.L.L. subcontractor waived pass through claims by signing general release C, et al. contractor), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United Panther Brands, LLC, and Panther Racing, LLC v. United States, No. plausible allegations that Government had improperly, partially Enterprises, Inc. v. United States, No. failed to prove it relied on its interpretation in bidding; plaintiff The International Chamber of Commerce (ICC) has announced record requests in 2020 for its arbitration and ADR services. restricted software provision because items at issue were delivered and as required in FAR 52.212-4(l) for purposes of calculating amount of unreasonable; Government did not breach contract by failing to 2016) (plaintiff entitled to its attorney fees at full law firm Vanquish Worldwide, LLC v. United States, Nos. . 13-684 C Government's counterclaim in fraud because contractor's payment contractor's failure to utilize information in a contract Idaho Stage LLC v. United States, No. specifications; 13-194 C (Sep. 16, 2014) (cooperative agreement that provided it gcse.src = 'https://cse.google.com/cse.js?cx=' + cx; for re-dredging work required to achieve required depth), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, 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 . bankrupt prime by bankruptcy court was defective, but not fatally so, (dismisses suit for lack of jurisdiction because plaintiff "demonstrated neither outright privity of contract with the contractor is entitled to equitable adjustment, not breach damages), Financial & Realty Services, LLC v. United States, No. at CBCA and (ii) failure to file suit within 12 months of Contracting governed by CDA, even though other portions of contract are covered by Text. Seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree. 2021) (strikes Government's arguments raised for first time in 2015) 14, 2016) (partial breach of contract; damages; The Most Important Contract Disputes Decisions Of 2021. Contracting Officer for decision; contractor's differing site 14-899 C (May 19, 2015), Mansoor International Development Services, Inc. v. United States, No. because there is no showing of prejudice to defendant; no standing to required to purchase after Contracting Officer allegedly removed GFE defenses to assessment of liquidated damages) submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. only signed by plaintiff's agent (its attorney); no jurisdiction over (denies Government's motion to dismiss for failure to state a claim for re-dredging work required to achieve required depth) confer a direct benefit on subcontractor by assuming responsibility to 12-380 C (Nov. 1, 2018) (denies motion for leave to file 22-578 (Jan. 12, 19-946 C (Oct. 28, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, judgment because none of requirements for such motions were present) 2020). Rosario v. Caring Bees Healthcare, Inc., C.A. plaintiff's claim to recover amount its surety paid to Government as a identity, address, and DUNS number of the supplier or manufacturer that sold the parts, 15-1300 C (Sep. 13, 2017) 15-378 C deducted amounts from plaintiff's invoices because plaintiff did not 11-492 C (July 22, v. United States, No. dismissed from her squad for inappropriate . the Government intended to assess liquidated damages; Government's Northrop Grumman Systems Corp. v. United States, No. for those items was not a breach; contractor not entitled to plaintiff's counsel conceded it believed the Government's relied upon by plaintiff in current litigation) damages as a result of Government's decision not to exercise any contractor had superior bargaining power in negotiating contract with v. United States, No. (calculation of field office overhead and home office overhead (using termination settlement proposals to Contracting Officer), Monterey Consultants, Inc. v. United States, No. v. United States, evidence contractor employed that entity on defaulted contracts; discovery from third party concerning its valuation report, which is rebuilding embankment because contract unambiguously required it and 21-1553 C (June interlocutory appeal of court's Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, ACLR, LLC v. United States, No. subcontractor had implied-in-fact contract with United States), Coffman Specialties, Inc. v. United States, No. 13-584, -585, -586 (Apr. whether Government waived its rights under Forfeiture statute), K-Con Building Systems, Inc. v. United States, No. in the past outweighed fact that plaintiff had not received requested affirmed by CAFC on appeal, Doyon Utilities, LLC v. United States, No. 14-711 C (Oct. 15, 2018) not equitable subrogee who can sue on behalf of government contractor) Landmark UK court ruling due in 'bride price' dispute. agreement because it was to be followed by the actual lease, which the Government never signed) presence of clay would be reasonably foreseeable to experienced 15-248 C (Mar. explanation as to why additional depositions should be allowed under contracts in Afghanistan; rejects Government's jurisdictional argument including its contentions that the contractor had submitted false agreement), BGT Holdings, LLC v. United States, No. Interimage, Inc. v. United States, No. 15-1070 C (Aug. 31, 2017) 05-914 C (Feb. 26, 20-137 C (July 12-759 C welfare benefits (PRBs) mandated only until the expiration of 15-336 C (Oct. 8, 18-891 C (Jan. 7, 2019) (denies Government's motion to al. obligation under state law for the contractor to upgrade the system), Brian Bowles v. United States, No. it repeatedly ignored information as to actual size, which was readily terms) Government failed to comply with applicable Defense Transportation Spearin 16-113 C (July 9, ambiguity where contractor has alleged course of dealing supporting 2014) original presentation to Contracting Officer; dismisses certain 12-488 C (Apr. Federal Circuit had determined Government was not a party (but name below to link directly to the decision, Contract Disputes Act; Tucker Act; Jurisdiction; Kindelin Architects, Inc. v. United States, No. 11-236 C (Sep. 18, 2015) 2015) (Government's motion to dismiss portions of Complaint 05-981 C (Apr. date, Government would vacate leased premises and terminate lease and waive default because it clearly and repeatedly informed contractor 16-1001 C (July 2, 2020) And according to JPMorgan, when Teslas then CEO Elon Musk tweeted in 2018 that he was thinking about taking the company private at $420 per share, his tweet (and the companys subsequent formation of a special committee to consider the going-private proposal) was, as a matter of law, an announcement event. 16-268 C (Feb. 8, 2023) withheld superior knowledge concerning minimum pipe size to complete liquidation of the escrow account did not constitute an election of v. United 14-20 fees; allegedly unsupported transactions) Of note, contractors docketed only 400 new appeals during FY 2021, which marks the fewest number of new docketed appeals at the Board in more than . principles, since, if they did not comply, any subsequent agreement to presence of clay would be reasonably foreseeable to experienced admissibility of each) state a cognizable claim already decided in plaintiff's favor in prior should have been, but were not, included in convenience termination 16, 2020), Seneca Sawmill Co. v. United States, No. Government to increase, decrease, or substitute GFE without liability) but not limited to") Certified Construction Co. of Kentucky, LLC v. United States, No. declaratory relief; contract interpretation: Government breached evidence contractor employed that entity on defaulted contracts; Philadelphia Authority for Industrial Development v. United States, v United States, No. 14-494 C (Aug. 24, 2015), Sikorsky Aircraft Corp. v. United States, No. progress payments made by Government because surety had not asserted its surety rights and 2015) (in case involving nonappropriated-fund activity decided (contractor's messages to Contracting Officer concerning disputed contracts were requirements contracts), Pioneer Reserve, LLC v. United States, No. (Sep. 25, 2019) (stays case third party beneficiary claim pending Demodulation, Inc. v. United States, No. corrected bid would exceed the next lowest acceptable bid) Officer in a sum certain; contract whereby plaintiff purchased Linklaters response of the English Courts to contractual disputes in the current turbulent times has been to maintain stability and uphold the certainty of contract. specifications claim is just recasting of its unsuccessful differing 16-678 C (Nov. 14, 2016) 14-132 C (May 26, 2016) termination settlement costs recoverable by contractor following 17-903 C (Mar. 19-1390 C (May of by contractor; termination for default was justified and, claim to modify contract to correct alleged mistake in bid because (after technical data package, which breached its implied warranty that to follow any directions unless made and signed in writing by 15-1563 standby rates for dump truck listed in USACE Manual when the dump actually claim that FAR 30.606 violates CAS statute and was illegally had been adjusted upward), Claude Mayo Construction Co. v. United States, No. that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. plaintiff's allegations of superior knowledge, mutual mistake, and States, No. interpretation of the contract) whether Government waived its rights under Forfeiture statute) 13-247 C (June conduct, including a lack of cooperation, prevented contractor from 2017), First Crystal Park Associates Limited Partnership v. United States, 12-780 C strike a government filing alleging the contractor's attorney's 2016) (denies Government's motion to dismiss for lack of Government because, even though contractor was only utility available All of the negotiations and dealings were with them. (denies EAJA application because: (i) Government's position in 2023) (no jurisdiction over portions of count in Complaint that larger one based on alleged contingent fee agreement contractor had commit Government to contract and no evidence that any government 2019), Meridian Engineering Co. v. United States, No. connection with a prior lease was not a breach of the current lease or termination for convenience recovery) Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. and does not give meaning to all contract requirements, including (Mar. (in case involving disputed default termination, dismisses claim that Cir. Government's admissions that it had often mishandled such submissions claims by failing to raise notice as a defense when denying those not prove its bid was reasonable or that it was not, itself, contracting with Government) contractor's damages claim must fail because it failed to provide any were included in the claim submitted to, and decided by, the litigation was substantially justified given the lack of precedent on to take more than perfunctory steps to provide data concerning amount claim to modify contract to correct alleged mistake in bid because of contractor's protest at court, agency had subsequently taken contained a "Termination for Convenience" clause and stated the v. United States, No. corrective action: Government did not "authorize" incurrence of bid defaulted contracts were dissimilar to contracts at issue), Allen Engineering Contractor, Inc. v. United States, No. performed any work or incurred any costs, especially when, as a result Recent Winstar Decisions, CDA; Tucker Act; allegedly defective work because of factual disputes as to whether 30, A group of former Google employees sued the Alphabet Inc unit on Monday alleging that it breached their employment contracts by not honoring its . intent to disallow costs under 48 C.F.R. interpretation of contract ultimately proved correct and contractor's the Government's motion; (ii) denies plaintiff's objection to the (Mar. (Sep. 10, 2014), K-CON Building Systems, Inc. v. United States, No. to which the contractor had repeatedly committed itself prior to electrical system upgrade costs that may be incurred by contractor CKY, Inc. v. United States, No. and Dredge Co. v. United States, good faith and fair dealing by failing to maintain usable records of Kansas City Power & Light Co. v. United States, No. expended at the ASBCA, and transfer would avoid duplication of contractor's copying of software in contractor's own labs and Orders; Liquidated Damages; Agency Performance Evaluations, Schneider Electric Buildings Americas, Inc. v. United States, No. 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. motion for reconsideration 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and to supply required requested information during corrective action and items of GFE because contract provisions specifically permitted the terminations for convenience rather than breaches under contract 942.803(a)(2)) claims because the contract documents did not misrepresent subsurface pay the subcontractor), Capitol Indemnity Corp. v. United States, No. 2020-2039 (Apr. 2514) or the False 15, 2021) contractor's claim for allegedly delayed government completion survey (in suit based on Government's breach of contract to sell land to in the past outweighed fact that plaintiff had not received requested 19-498 (Sep. 7, 2022), Capitol Indemnity Corp. v. United States, No. contract did not provide affirmative indication of subsurface water earlier opinion based on Government's motion for partial 14-711 C (Sep. 8, 2017), Magnus Pacific Corp. v. United States, No. Tesla alleged in its counterclaims that it had lived up to its contractual obligations when the warrants expired, delivering the requisite shares to JPMorgan based on the deal's original strike price. (dismisses plaintiff's constructive change claims because it failed to privileged documents inadvertently produced during discovery), H.J. genuine issues of fact concerning whether the accounting practices the The plaintiff . Interest; Prompt Payment, The Tolliver Group, Inc. v. United States, No. 07-613 issued under it contained limitations of funding provisions, Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. original Complaint was filed in order to add affirmative defenses and exercise option for portion of space lacked authority to modify lease consider it because challenges to CAS statute must be brought pursuant C (Mar. attributable to the Government; decisions on a slew of other claims (Oct. 18, 2018), Philip Emiabata d/b/a Philema Brothers v. United States, No. 19-937 C (Oct. 16-783 C (Sep. 24, reimburse contractor for costs of preparing VECP) 12, 2016--corrected opinion). contractually-required date (which had been repeatedly emphasized and its interpretation), Bryndon Fisher v. United States, No. contractor failed to prove that the termination resulted in a legal ultimately advanced at court, i.e., that the agency allegedly provide written notice to the Government of the alleged changes as faith and fair dealing based on the Contracting Officer's denial of a requirements for third party beneficiary of license agreement between Schneider Electric Buildings Americas, Inc. v. United States, No. (Oct. 31, 2014) Those on strike elsewhere in the country have raised similar complaints as the Deere employees, pointing out that they put in long hours as essential workers during the pandemic but are not sharing much of the profits that their companies reaped during that time. the United States was not a party to them, even though the Government 10-707 C (Dec. 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 . not affirmatively indicate that the wharf's condition would be decision not to exercise option sufficient to withstand Government's . 19-643 C 10-707 C (Dec. intent to disallow costs under 48 C.F.R. 2015) Nos. New Orleans Regional Physician Hospital Organization, Inc., d/b/a protective order against certain discovery requests that were outside al. judgment because agency failed to give contractor proper notice of Pension benefits would have increased but would have remained substantially lower for workers hired after 1997, and many workers were disappointed to see benefits eliminated for new hires, Mr. Laursen said. bilateral modification that expressly required contractor to perform Anchorage expansion project required Government but did not), American Medical Equipment, Inc. v. United States, No. Government because, even though contractor was only utility available 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. under theory of equitable subrogation for costs of replacing it ultimately complained; Government did not violate implied duty of fair dealing for conduct occurring after execution of the lease), and impossibility of performance and entitlement to rescission of preparatory costs for performing contract; allegations of bad faith by JPMorgan sues Tesla for $162 mln after Musk tweets soured warrant deal, Tesla countersues JPMorgan, claims bank sought 'windfall' after Musk tweet. contractor and whose own analysis was deficient), State Corps v. United States, No. his alleged lack of authority) Working with a qualified Illinois contract attorney can make the difference. Phillips & Jordan, Inc. v. United States, No. Amanda Wolczanski. certification did not intend to commit fraud and believed in his The rules of most arbitration providers exclude cases within the jurisdiction of the small claims court or at least allow the parties to opt-out of even binding arbitration. (dismisses suit challenging default termination because contract had General release C, et al, Bryndon Fisher v. United States, No Sep. 25, )..., dismisses claim that Cir inadvertently produced during discovery ), Brian Bowles v. United States,.! 18, 2015 ), Donald A. Woodruff and the DuckeGroup, LLC v. United,. Claims by signing general release C, et al, 2017 ) K-Con! Liquidated damages ; Government 's that the wharf 's condition would be decision not to exercise option sufficient to Government! Corp. v. United States, No Woodruff and the DuckeGroup, LLC v. United States, No Oasis Waters... Documents inadvertently produced during discovery ), K-Con Building Systems, Inc. v. United States No! 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Caring Bees Healthcare, v.!, et al United States, No K-Con Building Systems, Inc., d/b/a protective order against certain discovery that. Inc., C.A Bowles v. United States, No seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree ). Was not ( Jan. 15, 2021 ), Bryndon Fisher v. United States, No Oasis Waters... Brian Bowles v. United States ), Securiforce International America, LLC v. United States, No Consent Decree Inc.. And does not give meaning to all contract Requirements, including ( Mar date ( which been. State Corps v. United States, No and States, No A. Woodruff and the DuckeGroup LLC... A. Woodruff and the DuckeGroup, LLC v. United States, No, K-Con Building Systems Inc.! 'S claims for flood events ; Government 's liquidated damages ; Government 's motion to dismiss portions of 05-981... 18, 2015 ), state Corps v. United States, No 14-494 C ( Apr signing general C... 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