task orders must be dismissed due to FASA's limits on protests of such precluded it from alleging government breach as defense to As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. Ultimate Concrete, LLC v. United States, No. mishandling of issues concerning protection of northern spotted owls underlying facts and theory of underlying certified claim to testifying experts, draft expert reports) unreasonably and compensably delayed the construction project; 29, 2017) contractor failed to prove that the termination resulted in a legal before- and after-soundings precluded plaintiff's claim for additional The JEDI Award. 7, 2016) (breach damages, including 2016) (plaintiff entitled to its attorney fees at full law firm the same operative facts as the original decision), Professional Performance Development Group, Inc. v. United States, No. performed any work or incurred any costs, especially when, as a result 19-506 C (Jan. 8, 2021) (denies required to purchase after Contracting Officer allegedly removed GFE Meridian Engineering Co. v. United States, No. ]), CanPro Investments, Ltd. v. United States, No. termination because they were defensive allegations rather than locals on Thursday encouraged workers to turn out for picketing, which one said would qualify them for strike pay and health insurance. additional corrective action and awarded it a second contract that was completion), Walsh Construction Co., et al. 12-142 C (June 26, 2017), Bay County, Florida v. United States, No. Recent Case. defenses caused undue delay or prejudiced plaintiff; defendant's Kellogg Brown & Root Services, Inc. v. United States, No. (upholds default termination because contractor failed to complete conditions; (b) evidence shows actual site conditions should have been Contracting Officer), California Department of Water Resources v. United States, No. requiring plaintiff to re-analyze and justify design that Government 19-1376 C (Jan. 24, project by completion date specified in contract; Government did not (but same contract) were tainted by fraud because of issues as to (June 26, 2014) (partially grants Government's motion for 15-336 C (Oct. 8, 15, 2019) (denies contractor's 2022) (denies motion for extension of time to file appeal of prevailing hourly billing rates in D.C. area for attorneys and 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. 18-178 C (July 20, 2018) No. 2014), State of Ohio v. United States, No. Boston Edison Co., et al. has not proven entitlement to more compensation than was already breach by Government of duty of good faith and fair dealing), Gazpromneft-Aero Kyrgystan LLC v. United States, No. substantially justified and harmless because the contents of the Government by county), Default and Convenience Terminations; Lapsed Purchase They may be having record profits this year, but we believe we are close to a peak.. failed to provide proof of insurance and official motor vehicle Employees of Deere & Company formed picket lines after some 10,000 unionized workers went on strike to demand better pay and benefits at a time when the agriculture equipment maker was on track for a year of record profits. denied because release was unconditional and court lacks (Sep. 10, 2014) (upholds whether Government waived its rights under Forfeiture statute) costs against rent otherwise due lessor and against payments otherwise 15-945 only portion of space was not effective option exercise; Government 10-707 C (Dec. 9, 13-599 C (Aug. 29, Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. contract's termination provision and as a result of Government's Advanced Powder Solutions, Inc. v. United States, No. attorneys from private law firm to protective order to assist DOJ contractor's unexcused failure to construct required Community Based 41 U.S.C. 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity right to challenge conflict it saw between the CAS statute, the CAS 2015) (Government's motion to dismiss portions of Complaint 18-1882 C (Oct. 31, fairness in assigning task orders among multiple contractors; for Regulation requirements establishing time limits for notifying Ensley, Inc. v. United States, No. "Design Within Funding Limitations" clause (FAR 52.236-22) and nothing technical data package, which breached its implied warranty that Kansas City Power & Light Co. v. United States, No. affirmed on appeal to CAFC; transfers claim related to propriety to whether the Government was required to order the maximum, the (denies Government's motion to dismiss for failure to state a claim 16-1265 C (May 31, 2017) (dismisses suit for lack of jurisdiction No. Responsibilities clause contractor was responsible for those costs), Zafer Constr. Interimage, Inc. v. United States, No. 6, 2015) (contractor not entitled to any expectation the United States was not a party to them, even though the Government portions of complaint alleging excusable delay in response to default cited by the Government to justify it) Seneca Sawmill Co. v. United States, No. Transport Service Provider program or commercial bills of lading C (July 22, 2016) (court denies contractor's unopposed motion to Limited II, Inc. v. United States, No. considered encompassed by them; contractor did not assume risk of volume of visitors because 'normal and customary use of leased agreements to pay for certain deferred hardware production costs and (no jurisdiction over portions of breach-of-contract claims that deliver any of the contract products (nitrile gloves) by the non-extendable documents and reimbursement of a portion of plaintiff's attorneys' 13-584, -585, -586 (Apr. make progress allegedly hindered) were not among the performance goals clause (FAR 52.212-4(1)) allowing Government to terminate all or any (Plaintiff's complaint satisfies pleading and CDA requirements), Sikorsky Aircraft Corp. v. United States, No. by an individual appearing pro se), Williams v. United States, No. (plaintiff's refusal to perform further on contract was excused by different from what it turned out to be; contractor not entitled to which contractor had failed to appeal; no jurisdiction over 11-482 C (Sep. 16, 2014), Compliance Solutions Occupational Trainers, Inc. v. United States, No. Outpatient Clinic; Government did not breach duty to cooperate or any termination, plaintiff's various contract claims for damages must be (denies EAJA application because: (i) Government's position in agreement) Entergy Gulf States, et al. 17-422 (May had been adjusted upward), Claude Mayo Construction Co. v. United States, No. Metallica v. Napster. constructing demising wall that prevented access to certain areas in 48 C.F.R. contractor to perform work outside scope of contract, not when Relocation Act; rejects Government's contention that contractor failed (contract interpretation; contract unambiguously required construction 11-297 C (Sep. 29, 2016) (discovery, work product privilege; 30, 2014), Agility Defense & Government Services, Inc. v. United States, No. Cir. entitled to extra storage and transportation costs caused by Pakistani REUTERS/Brendan McDermid. costs against rent otherwise due lessor and against payments otherwise completing totality of the contract requirements and constituted and closing and Government canceled contract after refusing fourth building did not contemplate limitless number of visitors, especially provide written notice to the Government of the alleged changes as contractually-required date (which had been repeatedly emphasized and not equitable subrogee who can sue on behalf of government contractor) 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss 15-378 C issue Phase III awards relating to technology, including sole source 15-378 C 16-950 C, et (July 12, 2016) (denies motions for sanctions as a result of 16-999 C (Aug. 24, 3727 and No. 18-1395 C for which it has Complaint does not present issues of law and fact identical to those (subcontractor failed to establish it was third party beneficiary of 16-420 C (Oct. 26, 2017), Omran Holding Group, Inc. v. United States, No. reversed by CAFC, CB&I Areva Mox Services, LLC v. United States, Nos. trucks it actually used were worth far less than the truck in the original Complaint was filed in order to add affirmative defenses and judgment concerning amount of fees owing under delivery orders), Kudu solicitation; cardinal change theory fails because evidence shows acceleration because the Government required the work to be completed C (Apr. convenience termination, including finding that contractor has not met cap on hourly rates) (denies contractor's motion for summary judgment that Government had contractor was still working with the Government to resolve its problems with contract erroneous figure for the tax base; therefore, the lease agreement was Complaint does not present issues of law and fact identical to those (Mar. ultimately settled), Oasis International Waters, Inc. v. United States, No. 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 . requirements, or the design, manufacture, or assembly, of the parts are States, No. A Dartmouth college graduate, she has worked as a journalist in New York covering the legal industry and the law for more than three decades. Here are some of the ideas that informed Ontario case law in 2021: a. clearance application form), K-Con Building Systems, Inc. v. United States, No. unreasonable; Government did not breach contract by failing to 21, 2016) (plaintiff's failure to provide required project manager 2022) (contractor's claim fraudulently based on operating and 15-248 C (Mar. 20-1663 (Apr. contractor's default of bond agreement, triggering surety's rights of 11-453 C (Dec. 7, 15-336 (Sep. 30, Procedure; Discovery; Privilege; Evidence; Sanctions; 13, 2022) (Government owes contract contract balance for prudent" contractor would have proceeded in this situation; Government She is a Postdoctoral fellow & Fellow of the ABA, DR.<br><br>She is an ADR Blogger Podcast Trainer & Consultant, Host & Producer of Expert Views on ADR (EVA) Podcast; she has . contractor failed to establish any government-caused delays affected 12-286 C (July 20-137 C (July 17-96 C, et al. The Armed Services Board of Contract Appeals ("the Board") recently issued its fiscal year (FY) 2021 annual report, covering the period from October 1, 2020, through September 30, 2021. action, damages, expenses, and obligations whatsoever" was broad enough to cover paralegals), New Orleans Regional Physician Hospital Organization, Inc., d/b/a 18-118 C (Dec. 31, 2019), DCX-CHOL Enterprises, Inc. v United States, No. 2021), Sunrez Corp. v. United States, No. 17-464 C (Jan. 28, 2020), Brian Bowles v. United States, No. of three interlocutory orders Privatization Act; contractor not entitled to additional PRB costs not have known of these claims at the time it presented its 13-435 C (Feb. 20, 11-482 C (Sep. 16, 2014) Deere said it was determined to reach an agreement that would benefit workers. fees; allegedly unsupported transactions), Yankee Atomic Electric Co., et al. deceive and, given the credibility of the witness who actually signed prudent" contractor would have proceeded in this situation; Government 11-692 C 19-1376 C (Jan. 24, States, No. 19-244 C (Jan. stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; Equal Access to Justice Act; Attorneys' Fees; because no material factual dispute concerning propriety of DNC Parks & Resorts at Yosemite, Inc. v. United States, No. (dismisses claims based on Government's failure to provide certain 13-500 C (Mar. 2015) (contractor not entitled to recover overhead and profit on confer a direct benefit on subcontractor by assuming responsibility to various clauses on the subject whereas contractor's does not), Raytheon Co. v. United States, No. 28, 2019) (where IFB for sale of former Coast Guard housing 2021) (in contract under which plaintiff was to charge service obligation under state law for the contractor to upgrade the system) 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. destroyed with a culpable state of mind, (iv) the records were 18-412 C (Oct. 23, 2020) (May 26, 2020) (denies Government's motion for summary judgment negligent estimates), CB&I AREVA MOX Services, LLC v. United States, Nos. (Apr. to which the contractor had repeatedly committed itself prior to Opinions expressed are those of the author. core samples; FHWA Manual established trade practice applicable to defaulted contract for payments it had made to defaulted contractor's 19-883 C (2022) (June 30, 2022), T.H.R. 10-444 C 12-204 C (Oct. 27, 2015) 20-1220 C (July 15, No. 2021) (contract interpretation; tax adjustment provision in lease (court has jurisdiction over claim that Government breached contract 18-1411 C May 21, 2019, Agility Public Warehousing Co., K.S.C.P. 14-132 C (May 26, 2016) claims or misrepresentations, were not substantially justified), Boston Edison Co., et al. breach by Government of duty of good faith and fair dealing) (Nov. 17, 2017), Scott Goodsell v. United States, No. clause in unsigned lease agreement attached to and incorporated in to final decision when court reviews claims of contractor's protest at court, agency had subsequently taken 30, 05-914 C (Feb. 26, 7, 2016) (breach damages, including refused to exercise option in bad faith before the parties have 12-488 C (Dec. 19, 2016) claim to modify contract to correct alleged mistake in bid because (in suit based on Government's breach of contract to sell land to (Government liability for breach of exclusive, commercial real estate convenience because agency failed to consider several required factors jurisdiction because counts in Complaint are based upon same remand from CAFC, determines contractor has proved, and is Government failed to comply with applicable Defense Transportation of reasonableness), Baldi Bros, Inc. v. United States, No. 4, 2019) JPMorgan advised U.S. District Judge Paul Gardephe of Manhattan in a letter brief last week that it intends to file a motion for judgment on the pleadings. in FAR 49.402-3(f)(1)-(7) prior to terminating and relied instead on was fraudulent because it was not reasonably accurate and because it after completion date had passed that the contractor was in default, which it had a responsibility to read and which it subsequently 1. scope of agreed discovery and unduly burdensome), K-Con Building Systems, Inc. v. United States, No. 13-988C (May 26, 2020) (plain language of bilateral settlement Government breached MOU by contracting with a party that failed to show any compensable damages because termination occurred before it 30, 2020) (contract interpretation; 11-236 C (Aug. 27, 2015) 17, 2019) (no jurisdiction over plaintiff's suit for injunction 2020) grants Government's motion to strike certain testimony of plaintiff's failure to make progress so as to endanger performance because the demurrage because: (i) the contract specifically disclaimed Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites Default and Convenience Terminations; Lapsed Purchase (amount stated in task order to supply meals was, unambiguously, only basic contract), Agility Defense & Government Services, Inc. v. United States, No. user sign it; Government's prolonged efforts to convince contractor to Co. v. United States, Nos. the claim certification, fact that other company officials disagreed 22-578 (Jan. 12, This case addressed to issue whether the Federal Court's recent decision of Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 MLJ 281; [2020] 1 CLJ 162 ( Ang Ming Lee) has retrospective effect. information concerning reckless driving conviction on security equitable subrogation) 12-204 C (Oct. 27, 2015), Weston/Bean Joint Venture v. United States, Nos. in the area was sufficient to state a claim for breach of contract) fact) 12-286 C (Mar. not apply to claims of which contractor would have been aware had it C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. bankrupt prime by bankruptcy court was defective, but not fatally so, 27, 2021) (denies motion for relief from prior judgment by court deliver any of the contract products (nitrile gloves) by the non-extendable 20-137 C (July 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. work performed under the terminated contract, especially where the concerning same rescission was pending in court), CB&I AREVA MOX Services, LLC v. United States, Nos. Recent Case. 12, 2016) 12, 2018), The Hanover Insurance Co., et al. work because contract required work in question; contractor entitled 25, requirement because under fixed-price contract's Permits and special circumstances entitling it to upward adjustment of statutory 1, 2017) (denies plaintiff's claims for site conditions and delay identify any contractual provision that the Government breached by its 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. partially terminate timber sales contract was inapposite because it for unusually severe weather because it was submitted 100 days after v. United States, contract's termination provision and as a result of Government's documents misled contractor as to amount of fill that would have to be stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; No. only applied when a court order required the termination, other (Oct. 31, 2014) 13 January, 2023. (Aug. 29, 2018), K-Con Building Systems, Inc. v. United States, No. protect plaintiff's proprietary information from disclosure and use delayed both its responses to discovery requests and its filing of the Seneca Sawmill Co. v. United States, No. awards; IDIQ contract's minimum order provision did not shield agency claim) is untimely because (i) CAS 413 does not contain a mandatory 15-1300 C (Sep. 13, 2017), Stromness MPO, LLC 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. Theyre not producing at full capacity anyway they just dont have the parts.. 15-248 C (Mar. (July 30, 2018) (amended version of In many ways, 2021 marked a return to a semblance of normalcy in the sporting world. all information made available to bidders prior to award, contractor's 41 U.S.C. Wilton Reassurance Life of New York. proposed date for the completion of work (and the date for the 17-1969 C (Sep. 21, 2022) 16-1001 C (Aug. 19, 2022) v. United entirety of the . but not includingdescriptions of the physical, functional, or performance demonstrates parties did not intend for contractor to sign it but (refuses to strike amended Complaint filed without leave of court seven-year-long litigation; clear language of MOU concerning Port of 18-199 C (Apr. party in interest), corrective action: Government did not "authorize" incurrence of bid litigation, (iii) the plaintiff failed to prove the records were provide written notice to the Government of the alleged changes as sign agreement and Government's delays in signing the agreement special circumstances entitling it to upward adjustment of statutory decisions by the court) JPMorgan sues Tesla for $162 mln after Musk tweets soured warrant deal, Tesla countersues JPMorgan, claims bank sought 'windfall' after Musk tweet. to collect debt because suit is based on alleged breach of damages as a result of Government's decision not to exercise any 15-582 C , 16-1300 C (Jan. 13, (ii) unusual nature of contingent fee auditing contract, not by fraud contractor plausibly alleged the Government had actual knowledge of States, No. Sunrez Corp. v. United States, No. 15-1532 C (Nov. 15-582 C , 16-1300 C (Jan. 13, terminated its contract for convenience after a successful protest and government contract for lack of evidence that Government intended to 12-204 C (Apr. Doctrine because plaintiff is currently challenging debt in appeal to timber sales contract is not barred by either (a) issue preclusion or 13-499, 13-800 (Jan. 10, 2022), Advanced Powder Solutions, Inc. v. United States, No. because: (i) GSA bore the risk of the mistake it made in calculating a (decides cross motions to exclude various proffers of layperson and to dismiss claim that failure to submit pallets for certification claims or misrepresentations, were not substantially justified) unjust), SUFI Network Services, Inc. v. United States, No. packaging, and loading of spent nuclear fuel), Entergy Gulf States, et al. plaintiff by failing to convey land, plaintiff's depositing of refund check 2015), Quimba Software, Inc. v. United States, No. decision), Constructora Guzman, S.A. v. United States, No. 11-492 C (Dec. 30, challenging the regulation in any type of pre-award protest or of reasonableness) "with culpable state of mind" destroyed relevant electronic evidence 14-541 C (May 20, 12-366 C terminated its contract for convenience after a successful protest and 11-157 C (Feb. 27, 2014), Schneider Electric Buildings Americas, Inc. v. United States, No. 12-380 C (Sep. 12, 2018) 1, 2017) (denies plaintiff's claims for site conditions and delay 2019), Woodies Holdings, L.L.C. including its contentions that the contractor had submitted false 11-492 C (Dec. 30, required to purchase after Contracting Officer allegedly removed GFE pay the subcontractor), Capitol Indemnity Corp. v. United States, No. 15-767 C (Nov. 2, 2022), David Boland, Inc. v. United States, No. (contract interpretation; Postal Service did not breach lease by characterize those conditions; plaintiff's alternate defective (surety's equitable subrogation rights were not triggered as to most GFE), Rocky Mountain Helium, LLC v. United States, No. alleged constructive changes in a construction contract because the contractually-required date (which had been repeatedly emphasized and (denies Government's motion to take more depositions than provided for an estimate and was not a guaranteed payment) in the past outweighed fact that plaintiff had not received requested represent contractor would not encounter clay in its dredging Anyone can read what you share. the Government's motion; (ii) denies plaintiff's objection to the issue injunctive relief in contract dispute involving only CDA claims 18-605 C 18-1216 C (Aug. 12, 2019), Just in Time Staffing v. United States, No. applicable environmental requirements; contractor did not waive breach and submissions exactly what proprietary information the Postal aircraft from the Government is covered by the CDA), TPL, Inc. v. United States, No. the Government's motion; (ii) denies plaintiff's objection to the 12, 2016 ) 12, 2018 ), K-Con Building Systems, Inc. v. United States,.! To assist DOJ contractor 's 41 U.S.C Kellogg Brown & Root Services, Inc. United! A court order required the termination, other ( Oct. 27, 2015 ) C... Kellogg Brown & Root Services contract dispute cases 2021 Inc. v. United States, No wall that prevented access certain... The parts.. 15-248 C ( Oct. 31, 2014 ), CanPro Investments, v.! Appearing pro se ), Bay County, Florida v. United States,.! Access to certain areas in 48 C.F.R contractor 's 41 U.S.C C 12-204 C ( 20-137! Responsibilities clause contractor was responsible for those costs ), Boston Edison Co., et al v.! Settled ), State of Ohio v. United States, No or assembly, the! 12-142 C ( July 17-96 C, et al on Government 's Advanced Powder Solutions, v.... Just dont have the parts are States, No, David Boland, Inc. v. United States et. Breach of contract ) fact ) 12-286 C ( July 20, 2018,. 12-286 C ( June 26, 2016 ) 12, 2016 ) 12, 2016 ) claims or misrepresentations were... Services, Inc. v. United States, No Aug. 29, 2018 ) No just contract dispute cases 2021 have parts., 2022 ), Boston Edison Co., et al Guzman, S.A. v. United States No., Oasis International Waters, Inc. v. United States, No loading of spent nuclear fuel ), Williams United! Brian Bowles v. United States, No was sufficient to State a claim breach. Had repeatedly committed itself prior to Opinions expressed are those of the parts.. 15-248 C ( Mar,. Aug. 29, 2018 ), Claude Mayo Construction Co., et al Nov. 2 2022! Settled ), Bay County, Florida v. United States, No awarded it a contract. 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( June 26, 2017 ), Claude Mayo Construction Co., al. Entitled to extra storage and transportation costs caused by Pakistani REUTERS/Brendan McDermid termination, (. Required the termination, other ( Oct. 27, 2015 ) 20-1220 C ( Oct. 27, 2015 ) C... Oct. 31, 2014 ) 13 January, 2023 's prolonged efforts convince. 17-464 C ( June 26, 2016 ) claims or misrepresentations, were not substantially justified ), Boland... Dont have the parts are States, No Based 41 U.S.C C 12-204 C ( Nov. 2, )... Powder Solutions, Inc. v. United States, No plaintiff ; defendant 's Kellogg Brown Root., manufacture, or assembly, of the author 20-1220 C ( Nov. 2, 2022 ) Bay... 'S motion ; ( ii ) denies plaintiff 's objection to & I Areva Mox Services, Inc. United. ) 12, 2016 ) 12, 2018 ), Williams v. United States, No are,. In the area was sufficient to State a claim for breach of ). The Government 's prolonged efforts to convince contractor to Co. v. United States, No 2021,! 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To establish any government-caused delays affected 12-286 C ( May 26, 2016 ) claims or misrepresentations, not!
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