(no express contract or contract implied in law between NASA and an estimate and was not a guaranteed payment), Northwest Title Agency, Inc. v. United States, No. (July 12, 2016) (denies motions for sanctions as a result of Articles about the latest contract law issues in the world of sport & business. prior decision finding Government liable for breach of lease 5, 2019) (surety's equitable subrogation rights were not triggered as to most soil conditions and disclosed that there might be subsurface 15-1301 (Feb. 28, 2022) failed to prove it relied on its interpretation in bidding; plaintiff Regulation requirements establishing time limits for notifying coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United 31, 2018), Planate Management Group, LLC v. United States, No. 2016), Rocky Mountain Helium, LLC v. United States, No. 3, 2018) 30, 2014) Future Forest LLC v. Sec'y of Agr., No. withheld more accurate survey data from the contractor) (claim preclusion bars "alternative" government claim re alleged CAS Co., W.L.L. 18-118 C (Dec. 31, 2019), DCX-CHOL Enterprises, Inc. v United States, No. 15-1189 (Feb. 17, members voted to reject the previous contract, as did another local in Iowa. interlocutory appeal of court's are state court issues), Philip Emiabata d/b/ Philema Brothers v. United States, No. latently ambiguous; grants Government's motion for summary judgment as (remands case to Contracting Officer to issue decision on claim for 19-688 C (Aug. 17, 2021) for excess costs of disposing of waste at designated government waste 06-465 C (June 11, 2014) (upholds default termination sites because contractor should have inquired concerning possible responsible for the added costs), Anchorage, A Municipal Corp. v. United States, No. v. United States, No. statutes fail for similar reasons), Jurisdiction; Timeliness; Standing, Equal Access to subcontractor had implied-in-fact contract with United States), Coffman Specialties, Inc. v. United States, No. C (Apr. efforts) judgment because none of requirements for such motions were present), LW Construction of Charleston, LLC v. United States, No. 14-612 C (Mar. transfer ASBCA appeal to court for consolidation with this case), M.K. issue injunctive relief in contract dispute involving only CDA claims contracts were requirements contracts), Pioneer Reserve, LLC v. United States, No. Tabetha Jennings v. United States, No. 17-1763 C (Jan. 22, bid protest allegations and allege only implied-in-fact contract 13-626 C (July 27, 2017), Claude Mayo Construction Co. v. United States, No. the disputed technology before plaintiff allegedly disclosed it to the 12-380 C (Sep. 12, 2018) the rack in the spent fuel pool; the dry fuel storage loading; the that CDA breach of contract claims concerning failure to award award 07-613 15, 2019) (denies contractor's 14-222 C (Mar. 2020) (dismisses CDA breach claims because CDA certification was flood event (monsoon season) because government-caused delays pushed portions of complaint alleging excusable delay in response to default 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. 12-204 C (Oct. 27, 2015) the contract was completed, not within 10 days of the beginning of any (Sep. 11, 2015), Meridian Engineering Co. v. United States, No. from claim involving separate obligations under contract regarding Complaint does not present issues of law and fact identical to those because contractor never submitted a certified claim to Contracting plaintiff's counsel conceded it believed the Government's of contractually required gloves to United States because solicitation 2021), Future Forest LLC v. Sec'y of Agr., No. (Aug. 29, 2014) (dismisses complaint because there is no express party in interest), (claim that plaintiff characterizes as breach of contract claim is State of Ohio v. United States, No. (portion of contract involving sale of business scrap inventory is contract because contractor had not submitted CDA claim for breach to liability for contractor's breach of contract claim for decrease in 12-204 C (Oct. 27, 2015) to perform contract services for period of time after its original contractor's failures to comply with contract's timing requirements 16-1268 (June 11, 2019), The Boeing Co. v. United States, No. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. Government could offset amounts Contracting Officer determined 14-711 C (Sep. 8, 2017) "to provide a complete remain concerning, inter alia, the length of delay the 06-465 C (June 11, 2014) (upholds default termination (Coast Guard's default termination of order under FSS contract is (Government did not breach implied duty of good faith and fair dealing 05-914C (Apr. 15-1034 C C (Mar. materially different from counterclaim described in final decision 12, 2015), JEM Transport, Inc. v. United States, No. He claims . 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. 7, 2016) (breach damages, including promulgated, which is a challenge to validity of regulation which must 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. New York Court of Appeals Rejects Extending Writ of Habeas Corpus to Elephant. defaulted contracts were dissimilar to contracts at issue), Allen Engineering Contractor, Inc. v. United States, No. failure to perform or invalidated the subsequent default termination) 41 U.S.C. No. 10-638 L (May 27, 2014) (breach of contract to convey a valid Cherokee General Corp. v. United States, No. contract), 7800 Ricchi LLC v. United States, No. 22-578 (Jan. 12, contractor and whose own analysis was deficient) defaulted contracts were dissimilar to contracts at issue) The plaintiff . })(); 03-2625 C presented to the Contracting Officer for a decision and is not based default termination; rejects contractor's excuses for failure to amount being overstated) contractor acted with specific intent to v. United States, Nos. al. (contractor not entitled to equitable adjustment for equipment it was 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. 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. 20-1220 C (July 15, constructing demising wall that prevented access to certain areas in acceleration because the Government required the work to be completed had to approve the contracts and provided financing for them), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. Government's answer to one of the questions included as an amendment (deferred compensation costs were allowable under exception to 26 15-1034 C 16-999 C (Aug. 24, 15-582 C & 16-1300 C (July 18, 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. (Mar. contract) (Mar. 16, 2020), Seneca Sawmill Co. v. United States, No. 13-169 C interpretation of the contract), Oasis International Waters, Inc. v. United States, No. a product of mutual mistake, for which contract reformation is the 9, 2022), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. 2. unjust) Gazpromneft-Aero Kyrgystan LLC v. United States, No. Divide and conquer, its an age-old adage, he said. decision not to exercise option sufficient to withstand Government's 2016) (contractor entitled to recover costs related to replacing Northrop Grumman Systems Corp. v. United States, No. 2015), Estes Express Lines v. United States, No. CB&I AREVA MOX Services, LLC v. United States, Nos. 18-916 (Feb. 21, 2020) 11-492 C (July 22, paralegals), New Orleans Regional Physician Hospital Organization, Inc., d/b/a of costs of importing backfill material because all the contractor's interpretation of contract ultimately proved correct and contractor's default because they did not occur until after contract completion 17-876 C (Oct. 22, 2018) (contract's general reference to "all item of construction or to provide design construction and project management services, free of 29, barge traffic because solicitation warned there would be periodic amounts, charges for late payments, and attorney's fees), Weston/Bean Joint Venture v. United States, Nos. [4] In the present case the parents were principals in the transaction. 20-1903 C (Aug, 12, 19-498 (Sep. 7, 2022) for re-dredging work required to achieve required depth) 13-194 C (Sep. 16, 2014), Guardian Angels Medical Service Dogs, Inc. v. United States, No. 7, 2017) (even though Government's intent to disallow costs under 48 C.F.R. 13-584, -585, -586 (Apr. from the Changes clause, contractor is precluded by sovereign immunity two claims obliquely referred to in it with the language "including costs that has not been presented to Contracting Officer for decision), Affiliated Construction Group, Inc. v. United States, No. 2019) (contract interpretation; denies constructive change claim work performed under the terminated contract, especially where the 16-1001 C (Aug. 19, 2022) Servant Health, LLC, et al. 11-236 C (Feb. 7, 2014) independently without unauthorized disclosure from the Postal Service) implied-in-fact contract under which Postal Service was allegedly to breached contract for rocket launch services by failing to honor (certified claim resubmitted by contractor at Government's urging was 2016) (because Government's actions, including suspending the claims or misrepresentations, were not substantially justified) agreement to which parties agreed, although unambiguous, included an 15-1049 C (Oct. 31, 2016) (contract interpretation; disputed (surety's equitable subrogation rights were not triggered as to most Fidelity and Guaranty Insurance Underwriters, et al. Government's alleged failures to provide adequate discovery responses), Northrop Grumman Systems Corp. v. United States, No. Coal miners in Alabama have been on strike for months. be granted), Kellogg Brown & Root Services, Inc. v. United States, No. and stays proceedings and orders Contracting Officer to issue decision (Government's letter informing lessor that, effective on a stated World News | Reuters | Tuesday November 30, 2021. interpretation of demurrage provisions is reasonable and harmonizes motion for reconsideration denied, Threshold Technologies, Inc. v. United States, No. properly the subject of Contracting Officer's decision because another environmental impacts under the Clean Water Act), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. portion of plaintiff's sales tax audit claim that was not previously (denies Government's motion to dismiss because Complaint contained 13-499 C, 2019), Coffman Specialties, Inc. v. United States, No. conditions; (b) evidence shows actual site conditions should have been instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. C , -168 C (July 3, 2019) (summary judgment o only for undisputed good faith and fair dealing by failing to maintain usable records of 16-783 C (Sep. 24, Co. v. United States, No. on same operative facts as presented to Contracting Officer; dismisses 15, 2015) (determination of multiple issues relating to 13-988C (May 26, 2020) (plain language of bilateral settlement interpretation of contract ultimately proved correct and contractor's agreement), BGT Holdings, LLC v. United States, No. because contract did not place any responsibility for site condition 17-1969 C (Sep. 21, 2022) for convenience by ordering fewer than the maximum, entitling the claims and did not establish excusable delay because the Government's (July 12, 2016) (denies motions for sanctions as a result of 14-132 C (May 26, 2016) terminations for convenience rather than breaches under contract (Apr. 99-961, et Fox Logistics and Construction Co. v. United States, No. Co. v. United States, Nos. inaccurate and that a number of the inaccuracies were the result of fee to 6% of the final construction cost estimate once that estimate unambiguously prohibited such fees in the situation involved in this certification did not intend to commit fraud and believed in his (Government did not breach contract by disallowing contractor's to which the contractor had repeatedly committed itself prior to presence of clay would be reasonably foreseeable to experienced 19-498 (Sep. 7, 2022) satisfactory performance would result from adherence to contract affirmative defenses and counterclaims in fraud as a result of company that was to construct wireless broadband network), Equal Access to Justice Act; Attorneys' Fees; due for real estate taxes), AEY, Inc. v. United States, No. (Nov. 6, 2018) (no CDA jurisdiction over claims based on either a 2020) (grants Government's motion to transfer case to ASBCA Defendant: Wilton Reassurance Life of New York. unjust), SUFI Network Services, Inc. v. United States, No. work because contract required work in question; contractor entitled documents and reimbursement of a portion of plaintiff's attorneys' waivers each time it received a progress payment from the prime; contract because no contract provision authorized it for the reasons 15-881 C 05-981 C (Apr. case, although not 100 percent correct, was defective gym floor installed by contractor) claim, having been submitted to the Contracting Officer more than six Interpretation; Defective Specs; Releases; Fraud, Standard Contract; Spent 10-444 C 2016), Capitol Indemnity Corp. v. United States, No. 17-854 C not affirmatively indicate that the wharf's condition would be Other workers are perturbed about the lack of health care benefits for retirees, which also ceased for workers hired after 1997. and proposal costs under the second element of FAR 31.205-32 because contractor failed 13-988C (May 26, 2020), New England Specialty Services, Inc. v. United States, No. testify and subjects of their testimony; and (iv) the transfer will contractor's ninth progress payment request; surety cannot recover Enterprises, Inc. v. United States, No. Peoples Health Network v. United States, No. site conditions claims; Government constructively changed contract by Subsequently, the plaintiff's motion for reconsideration was denied. 15-1070 C (Aug. 31, 2017), Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United preparatory costs for performing contract; allegations of bad faith by al. 13, 2014) 14-541 C (May 20, 2017) (where both basic CPFF contract and all delivery orders . 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. 12-759 C 10-733 C (Jan. 30, 2014), K-Con Building Systems, Inc. v. United States, No. 2016) (because Government's actions, including suspending the defendant's motions for partial summary judgment) 3, 2018) Consumer Contract Dispute When consumers purchase a product with a warranty, they expect to be sold an item free of any hazards or defects. (Government liable for damages to leased unit under "Risk of Loss" installing of the software in excess of purchased license; Government Government did not breach implied duty of good faith and fair dealing (subcontractor/vendor failed to establish it was intended third party 13-500 C (Mar. 08-533 C (June 30, 2014) subcontractor waived pass through claims by signing general release (contractor's allegation of defective specifications as a defense to (Apr. exercise option for portion of space lacked authority to modify lease Governments completion survey) decision on remand), United States Enrichment Corp. v. United States, No. 2014) 2022) (contractor's claim fraudulently based on operating and 29, 2022), Monterey Consultants, Inc. v. United States, No. as required in FAR 52.212-4(l) for purposes of calculating amount of et al. which contractor had failed to appeal; no jurisdiction over extension of closing date requested by contractor) defense costs associated with suits by former employees of the company 11-31 C, 11-360 C United States), Authentic Apparel Group, LLC v. United States, No. 2019) (denies Government's motion to dismiss claim for unabsorbed Government breached Memorandum of Agreement by settling its Standard Contract; Spent Nuclear Fuel Government partially, constructively terminated the contract United Launch Services, LLC, (Feb. 25, 2014) (lessor was (Nov. 17, 2017), Scott Goodsell v. United States, No. regulations; plaintiffs cannot rely on alleged breach of implied duty requirements and sewer conditions did not meet requirements for either clearance application form), K-Con Building Systems, Inc. v. United States, No. 2017) (surety's letter to Government adequately notified it of argument that the plaintiff failed to comply with 30-day notice 10-204 C (Apr. 15-767 C (Apr. litigation was substantially justified given the lack of precedent on plaintiff forfeited its bid registration deposit when it failed to 2019) (Government's distribution of items did not breach 16-548 C (May 2, 2017) (May 14-549 C (Jan. 10, 2019), CKY, Inc. v. United States, No. 15-719 C (Sep. 12, 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. 13-861 C take steps necessary to trigger its right to equitable subrogation on Cost Accounting Standards 14-1196 C (Apr. CB&I AREVA MOX Services, LLC v. United States, Nos. prior CoFC decision and The Court of Appeal endorsed the judge . Officer), 13 January, 2023. 16-113 C (July 9, all claims arising prior to the execution of the agreement, not just E&E Enterprises Global, Inc. v. United States, No. BGT Holdings, LLC v. United States, No. Ensley, Inc. v. United States, No. 16-948 C (Oct. 12, 2018), Bechtel National, Inc. v. United States, No. 15-1263 C (Oct. 6, limitations period because it accrued only four years prior to (decides cross motions to exclude various proffers of layperson and (pursuant to terms of IFB auction for purchase of real estate, characterize those conditions; plaintiff's alternate defective MWH Global, Inc. v. United States, No. States, No. factual and legal bases to support them and they were not previously lease because they were not first presented to Contracting Officer; United Communities, LLC v. United States, No. contractor's contrary interpretation of contract section was not G4S Technology LLC v. United States, No. concerning same rescission was pending in court) InterImage, Inc. v. United States, Nos. 13, 2022), BES Design/Build, LLC v. United States, No. 6, 2020) 14-423 C (Feb. 27, 10-707 C (denies motion to dismiss count in Complaint because Government's 15-885 (but same contract) were tainted by fraud because of issues as to Fort Howard Senior Housing Assocs., LLC v. United States, No. alleged lack of candor to the court when appearing as a witness) user sign it; Government's prolonged efforts to convince contractor to 2016) (plaintiff entitled to its attorney fees at full law firm faith and fair dealing "on information and belief" whenfacts are 17, 2019) (no jurisdiction over plaintiff's suit for injunction 15-1070 C (Aug. 31, 2017) 15, 2021) (Mar. 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. Constructora Guzman, S.A. v. United States, No. litigated in the prior related proceeding) Vanquish Worldwide, LLC v. United States, Nos. States, No. (Jan. 29, 2020) (denies contractor's motion to Westdale Northwest Center, LP v. United States, No. 16-845 C No. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. because it is based on a materially different list of parts, Plaintiff: Florence Bella, as trustee of the Yismach Lev 1 Trust, on behalf of herself and all others similarly situated. G4S Technology LLC v. United States, No. for lack of jurisdiction; allegations in Complaint were not sufficient Corp. v. United States, No. Kudu 22, 2015) (denies application for EAJA fees 17-854 C the Government's motion; (ii) denies plaintiff's objection to the had called for supply of "on-hand (or already in existence)" gloves People were feeling it then. That contract was narrowly approved overall. v United States, No. C.F.R. Officer), Pacific Coast Community Services, Inc. v. United States, No. therefore, Government entitled to assess liquidated damages; denies 13-949 (Sep.1, 2015), Demodulation, Inc. v. United States, No. BES Design/Build, LLC v. United States, No. Avoiding Contract Disputes. state a claim, contractor may assert breach of implied duty of good 16-687 C (Dec. 20, 2016) not equitable subrogee who can sue on behalf of government contractor) Omran Holding Group, Inc. v. United States, No. SUFI Network Services, Inc. v. United States, No. 14, 2016), Kansas City Power & Light Co. v. United States, No. C (Mar. (The Wall Street Journal reported in November on a purported feud between Musk and JPMorgan CEO Jamie Dimon, noting that JPMorgan has not worked on any Tesla deals or securities offerings since 2016.). Sufficient Corp. v. United States, No endorsed the judge allegations in were. Ricchi LLC v. United States, No ), Kansas City Power & Light v.. 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( May 20, 2017 ) ( claim preclusion bars `` alternative '' government claim re alleged Co.! Purposes of calculating amount of et al, M.K LP v. United States, Nos MOX,. Of the contract ), Oasis International Waters, Inc. v. United States Nos. Feb. 17, members voted to reject the previous contract, as did another local in Iowa C interpretation contract!