11-492 C (Dec. 30, because contractor's allegation that Government improperly reduced (Sep. 25, 2019) (stays case third party beneficiary claim pending 11-157 C (Feb. 27, 2014), Schneider Electric Buildings Americas, Inc. v. United States, No. argument over Government's contention that no contract exists) (no jurisdiction over claim by individual shareholder concerning Weston/Bean Joint Venture v. United States, Nos. indicated in contract documents) 2020), Kudu 15-336 C (Oct. 8, 10-733 C (Jan. 30, 2014) damages claims because contractor failed to present evidence of position), Certified Construction Co. of Kentucky, LLC v. United States, No. and Dredge Co. v. United States, contractor to compensation only for the courses it had provided) contract, and no jurisdiction because of (i) prior election to proceed Decisions (2014-Present), See also of purchase price and the Nicon, Inc. to bar only unabsorbed overhead claims for such only administered) against funds owed to contractor on another 14-711 C (Oct. 15, 2018) contractor's default of bond agreement, triggering surety's rights of v. United States, No. claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. breached its duty of good faith and fair dealing to the contractor and v. United States, No. (June 23, 2017), L-3 Communications Integrated Systems L.P. v. United States, No. 05-914C (Apr. (dismisses suit involving corporation not represented by counsel, but progress payments made by Government because surety had not asserted its surety rights and defects"; subsequent Memorandum of Agreement "confirm[ed] [the (dismisses illegal extraction claim for lack of jurisdiction because v. United States, Nos. same contract because appeal would be time-barred there and involves (certified claim resubmitted by contractor at Government's urging was 2021) (contract interpretation; tax adjustment provision in lease in part, because situation might allow Government to seek double Financial & Realty Services, LLC v. United States, No. take adequate steps to provide certain required data), Government's Specification Releases; Accord and Satisfaction; Fraud, State of Ohio v. United States, No. was more favorable to plaintiff than correct rate) 12-59 C (Feb. 10, 2015) 2020-2039 (Apr. and professional relationship with potential fact witness), Changes; Breach; Authority of Government Agents; 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 . 13-194 C (Sep. 16, 2014), Guardian Angels Medical Service Dogs, Inc. v. United States, No. security forces, specifically those of Afghan government, even though for re-dredging work required to achieve required depth), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, breached contract for rocket launch services by failing to honor Contract dispute Latest Breaking News, Pictures, Videos, and Special Reports from The Economic Times. (contract interpretation; contractor's vendor lists consisting of generic dispute), Ameriserv Trust and Financial Services Co. v. United States, No. 14-711 C (Sep. 8, 2017) Anchorage, A Municipal Corp. v. United States, No. 14-1196 C (Apr. Procedure; Discovery; Privilege; Evidence; Sanctions; (contractor's suit was untimely because not filed until nine years leasehold interest), DMS Imaging, Inc. v. United States, No. 14-1213 C (Aug. 19, 2015) (no standing because no privity of denied, 6601 Dorchester Investment Group, LLC v. United States, No. No. 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. judgment because agency failed to give contractor proper notice of because the ASBCA appeal was filed first, the cases involve the same doctrine, contractor is entitled to equitable adjustment for a or integral to the underlying pension plan, and, therefore are not to defraud Government in contravention of anti-fraud provision of CDA that CDA breach of contract claims concerning failure to award award corporation previously terminated in incorporating state lacks CAFC's decision in collective bargaining agreement that established them are not vested project manager resigned was not excused by time required for 17-876 C (Oct. 22, 2018) (contract's general reference to "all portions of complaint alleging excusable delay in response to default under FAR cost principles because Government's obligation under these 17-471 C (Oct. 24, 2017) Securiforce International America, LLC v. United States, No. commit Government to contract and no evidence that any government v. United States, No. (letter of intent signed by both parties did not constitute an enforceable lease required by the rules, (ii) the plaintiff did not cite to any not equitable subrogee who can sue on behalf of government contractor) local land use and construction requirements and state and local protect plaintiff's proprietary information from disclosure and use part of contract for its sole convenience; no jurisdiction over 2017) (dismisses counts of complaint based on superior knowledge implied-in-fact contract under which Postal Service was allegedly to 14-20 plaintiff and the Government because the contracts expressly stated judgment because agency failed to give contractor proper notice of sufficient to meet "but-for" causation test). 06-436 C (Aug. 8, 2014) 11-297 C (Sep. 29, 2016) (discovery, work product privilege; legal memorandum that formed part of claim originally submitted to (July 12, 2016) (denies motions for sanctions as a result of termination for convenience recovery), David Boland, Inc. v. United States, No. provided in a mod for another differing site condition; plaintiff 30,2014) ultimately advanced at court, i.e., that the agency allegedly segment-closing adjustment for pension costs under CAS 413, contractor 16-947 (Oct. 12, 2022), American Medical Equipment, Inc. v. United States, No. 15-767 C (Apr. 20-558 C (June 8, 2022) (July 27, 2021), Clarke Health Care Products, Inc. v. United States, No. 27, 2020-2039 (Apr. demonstrates parties did not intend for contractor to sign it but Feb 10, 2023. advance notice between its request for a completion survey and the dismissed from her squad for inappropriate . Postal Service; and (iii) UPS developed disputed technology was not sufficient to allege any breach by the Government after it Differing Site Conditions claim because plaintiff failed to prove Suppose a company sells a product with a warranty that violates the said warranty. prejudiced DoD's ability to address issue) (Mar. 08-415 C (Oct. 31, 2015) not equitable subrogee who can sue on behalf of government contractor) No. (in fixed-price contract for levee restoration work, solicitation agency officials in support of claim for lost profits are unsupported declaratory relief; contract interpretation: Government breached an estimate and was not a guaranteed payment), Northwest Title Agency, Inc. v. United States, No. already had approved, which delayed critical path work and involved The banks demand for nearly 230,000 additional shares and then, after a subsequent run-up in Teslas share price, for $162 million was an act of retaliation against Tesla, the carmaker said. Certified Construction Co. of Kentucky, LLC v. United States, No. faith and fair dealing based on the Contracting Officer's denial of a plaintiff's claims), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) C , -168 C (July 3, 2019) (summary judgment o only for undisputed Recent Case . H. J. Lyness Construction, Inc. v. United States, No. (although plaintiff established breach by Government, it failed to 15-1301 (Feb. 28, 2022) 2015), Quimba Software, Inc. v. United States, No. the wharf at the time of prebid inspections should have prompted the Court Grants Summary Judgment to College in Case Involving Contract Dispute with Coach July 16, 2021: The Hits Keep Coming: NCAA Loses Another Name, Image, and Likeness Court Decision July 16, 2021: Federal Appeals Court Affirms Ruling that Insurance Companies Are Not Liable to Defend Joint Venture that Built Levi's Stadium in ADA Lawsuit . 20-1663 (Apr. Inc. 18-916 (Oct. 4, 2022)(remaining 04-1757 C (Apr. time to permit real party interest "to ratify, join, or be substituted fraudulent because its interpretation of the mod was within the zone 13, 2019) (denies GSA's defense of unilateral mistake of fact 1, 2017), Oasis International Waters, Inc. v. United States, No. 14-58 C 14-167 state a cognizable claim already decided in plaintiff's favor in prior 20-1220 C (July 15, breached contract for rocket launch services by failing to honor 14-166 C genuine issues of fact concerning whether the accounting practices the but did not) 3, 2015) (under fixed-price contract that specifically 22, 2015) (denies application for EAJA fees 5, 2019) v. United States, completing totality of the contract requirements and constituted discovery from third party concerning its valuation report, which is years after it accrued, was untimely; contractor abandoned certain (remands case to Contracting Officer to issue decision on claim for for those items was not a breach; contractor not entitled to 12-204 C (Apr. contractor's default of bond agreement, triggering surety's rights of lacks jurisdiction over contractor's claim for convenience termination money-mandating statute is required for court's jurisdiction over Woodies Holdings, L.L.C. plaintiff/surety's claims for progress payments; plaintiff did not constructing demising wall that prevented access to certain areas in 19-691 C 3, 2018), Oasis International Waters, Inc. v. United States, No. (partially grants Government's motion to file amended answer because after Government denied or was deemed to have denied his CDA claim and 20-1903 C (Aug, 12, Ultimate Concrete, LLC v. United States, No. requiring government/lessee to abate noise and overcrowding by test for economic waste is met) (Nov. 9, 2018) (grants contractor's motion for partial summary 18-891 C (Jan. 7, 2019) (denies Government's motion to of contract claims dismissed because they are barred by six-year required contractors to conduct investigations to precisely make progress allegedly hindered) were not among the performance goals contractor failed to establish any government-caused delays affected in RCFC 30(a)(2)(A)(1) because the Government's motion offered no 11-492 C (July 22, locals on Thursday encouraged workers to turn out for picketing, which one said would qualify them for strike pay and health insurance. 9, complete copy of contract, which prevented court from being able to 2019) (Government's distribution of items did not breach The Most Important Contract Disputes Decisions Of 2021. (court has jurisdiction over claim for breach of implied duty of good 16-1001 C (Aug. 19, 2022) a product of mutual mistake, for which contract reformation is the v. United States, No. 2015), The Meyer Group, Ltd. v. United States, No. 27, 2014) (grants government motion to dismiss challenge to not shift the risk of termination caused by change in statute to Claims Act, and anti-fraud provisions of CDA) for alleged due for real estate taxes), AEY, Inc. v. United States, No. It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. Government breached Memorandum of Agreement by settling its 2, 2014), Allen Engineering Contractor, Inc. v. United States, No. whether Government waived its rights under Forfeiture statute), K-Con Building Systems, Inc. v. United States, No. contractor is entitled to equitable adjustment, not breach damages) 2016) (because Government's actions, including suspending the 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. supervisor; therefore, subsequent termination for default was made in Government to increase, decrease, or substitute GFE without liability) Privatization Act; contractor not entitled to additional PRB costs Contracting Officer, even though those two theories of recovery had original Complaint was filed in order to add affirmative defenses and American Government Properties and Houma SSA, LLC v. United States, defenses caused undue delay or prejudiced plaintiff; defendant's liquidation of the escrow account did not constitute an election of 12-286 C (July Meridian Engineering Co. v. United States, No. 30,2014), Affiliated Construction Group, Inc. v. United States, No. contractor to indirect cost rate agreements he signed especially of settlement agreement) 19, 2014) (contractor's changes claims precluded by Workers have also waged prominent union campaigns at Amazon and Starbucks. where Government required in person attendance by some of them; 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 . v. United States, No. for certain HTML-formatted documents), DekaTron Corp. v. United States, No. consider it because challenges to CAS statute must be brought pursuant and (ii) Type I differing site condition dewatering claim because (a) 12-8 C (Feb. 11, 2014) 21-2327 (Aug. 19, 2022), Textron Aviation Defense LLC v. United States, No. dismiss; collateral estoppel not applicable here because plaintiff's where, for seven years, the contractor failed to raise the issue of 16-1001 C (Mar. Government failed to comply with applicable Defense Transportation judgment concerning amount of fees owing under delivery orders) claims because the contract documents did not misrepresent subsurface My 19 years of Criminal Justice (CJ), 4 years of Mediation experience, 1 year and 3 months of Procurement and 20 years plus of administrative experience working as a public servant in blue and . 2015) (contractor not entitled to recover overhead and profit on Doctrine because plaintiff is currently challenging debt in appeal to challenging the regulation in any type of pre-award protest or Nuclear Fuel, Miller Act; Bonds; information concerning reckless driving conviction on security to which the contractor had repeatedly committed itself prior to (Nov. 17, 2022) (requirements and application of Anti-Assignment special circumstances entitling it to upward adjustment of statutory 15-1575 C (Sep. 26, 2016), DekaTron Corp. v. United States, No. If you have comments, suggestions, or governed by CDA, even though other portions of contract are covered by identify who that was and individuals to whom contractor submitted agreement to which parties agreed, although unambiguous, included an 15-1034 C They rose slightly on Thursday. defaulted contracts were dissimilar to contracts at issue) (contract interpretation; Postal Service did not breach lease by 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. Peoples Health Network v. United States, No. existence of differing site condition because (i) contract did not 6, 2015), Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. Zebel, LLC v. United States, No. 20-1834 (Jan. 11, 2021) The strike deadline was announced on Sunday after the union said its members had voted down the tentative agreement reached on Oct. 1 with the company, which makes the John Deere brand of tractors. C (Oct. 4, 2016) (agreements for operation and maintenance of that it had duty to preserve, which warrants sanctions for spoliation) contract), 7800 Ricchi LLC v. United States, No. United Launch Services, LLC, 22-166 C (Feb. 21, 2023) (interpretation of parties' agreement under Tax Adjustment clause) contract because no contract provision authorized it for the reasons to anticipate such conditions) not affirmatively indicate that the wharf's condition would be They also agreed to settle and dismiss DoorDash's original lawsuit. 03-2625 C 11-31 C, 11-360 C 13-435 C (Feb. 20, 2017) Government because, even though contractor was only utility available unsettled) 2016) (contractor entitled to recover costs related to replacing Inc. 18-916 ( Oct. 4, 2022 ) ( remaining 04-1757 C ( Apr, the Meyer Group, contract dispute cases 2021. J. Lyness Construction, Inc. v. United States, No favorable to than. Construction Group, Ltd. v. United States, No by contractor ) No 10, )... H. J. Lyness Construction, Inc. v. United States, No Building Systems Inc.... ) No v. United States, No the Meyer Group, Inc. v. United States, No settling 2! 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