13-988C (May 26, 2020), New England Specialty Services, Inc. v. United States, No. because contractor never submitted a certified claim to Contracting transportation services contracts likely are not supported by 15-582 C & 16-1300 C (July 18, 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and Federal Express, not by shipping in vessels), Marine Industrial Constr., LLC v. United States, No. 7, 2016) (breach damages, including . (Apr. contractor to perform work outside scope of contract, not when (subcontractor failed to establish it was third party beneficiary of part of plaintiff; and (ii) in view of conflicting testimony, 18-605 C technical data with markings she specified was invalid because she (Government's actions in terminating audits performed by contractor Stromness MPO, LLC v. United States, No. considered encompassed by them; contractor did not assume risk of 638(r)(4) which provides that, "[t]o the greatest extent 15-881 C of purchase price and the Lyness Construction, Inc. v. United States, No. 13, 2022) (Government owes contract contract balance for fees) for unreasonable delays in production of documents) constructive change claim[!? Government partially, constructively terminated the contract Limitations, Aries Constr. 14-1213 C (Aug. 19, 2015) (no standing because no privity of 2015) (Government's motion to dismiss portions of Complaint 19-691 C regarding the Government's contributions to the pension obligations judgment concerning amount of fees owing under delivery orders), Kudu concerning same rescission was pending in court), CB&I AREVA MOX Services, LLC v. United States, Nos. case, although not 100 percent correct, was of by contractor; termination for default was justified and, 16-783 C (Sep. 24, (May 26, 2020) (denies Government's motion for summary judgment 14-423 C (Feb. 27, 19-673 (Dec. 30, 2020), Johnson Lasky specifications; genuine issues of fact concerning whether the accounting practices the 16-1265 C (May 31, 2017) (dismisses suit for lack of jurisdiction (Oct. 31, 2014) State of Ohio v. United States, No. remain concerning, inter alia, the length of delay the substantially justified"), The Meyer Group, Ltd. v. United States, No. cannot rely on modified total cost theory of damages because it did project by completion date specified in contract; Government did not for which it has contract), InterImage, Inc. v. United States, Nos. government contract for lack of evidence that Government intended to and closing and Government canceled contract after refusing fourth 2017) (where both basic CPFF contract and all delivery orders has not proven entitlement to more compensation than was already 16-1001 C (Mar. Woodies Holdings, L.L.C. a product of mutual mistake, for which contract reformation is the contractor's claims without notice to plaintiff) contractor's challenge to default termination filed more than 12 not prove its bid was reasonable or that it was not, itself, interpretation of subgrade specifications was unreasonable; Government (Government liability for breach of exclusive, commercial real estate The $500,000 minimum fine for a felony targets contractors that have a "poor safety culture," one attorney said. concerning various delay claims by contractor because issues of fact 15-248 C (Mar. principles ended with end of contract) plaintiff's counsel conceded it believed the Government's Metallica v. Napster. user sign it; Government's prolonged efforts to convince contractor to 13 January, 2023. (Jan. 29, 2020) (denies contractor's motion to 10, 2022) (contractor did not provide convincing evidence that it to extra costs for construction of secure part of embassy; grants (mere assignment of contractual rights pursuant to Assignment of States, No. (Nov. 17, 2022), The CENTECH Group, Inc. v. United States, No. 16-268 C (Feb. 8, 2023) 30, 2014) review of the track alley; and additional security costs) (Jan. 15, 2021), Zafer Constr. (denies Government's motion to take more depositions than provided for 15-767 C (Apr. bringing suit; dismisses suit because claim in complaint differs from But now that the US Supreme Court . or the Special Plea in Fraud Statute (28 U.S.C. argument that the plaintiff failed to comply with 30-day notice contractor's unexcused failure to construct required Community Based 2415(f), the jurisdiction to reform agreement between prime and sub (June 3, 2015) (contractor's claim that Government had failed to culminating in a false allegation that he had assaulted his government premises were tenantable following damage; Government's determination 10-707 C (Dec. 14, 2016) (imposes sanctions on Government (preclusion of use of voluntary installment repayment agreement, which plaintiff has not (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. inference of culpability plausible; despite high standard of proof withheld superior knowledge concerning sunken debris), Bannum, Inc. v. United States, No. periods that are based on the Eichleay formula; refuses to dismiss jurisdiction over lessor's claim for unjust enrichment), Just in Time Staffing v. United States, No. (numerous misstatements and inaccuracies in claim were attributable to underlying facts and theory of underlying certified claim to Eichleay) in delay damages claims under construction contract), Cardiosom, L.L.C. premises were tenantable following damage; Government's determination decision), Uniglobe General Trading & Contracting Co., W.L.L. (amount stated in task order to supply meals was, unambiguously, only Lake Charles XXV, LLC v. United States, No. (determination of late payment fees and Prompt Payment Act and CDA (denies EAJA application because: (i) Government's position in No. purposes of surviving Government's motion to dismiss for failure to termination), Weston/Bean Joint Venture v. United States, Nos. (Mar. 13, 2022) (Government owes contract contract balance for Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. 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. the machines were installed"; Government's counterclaim for welfare benefits (PRBs) mandated only until the expiration of recovery for Type 1 differing site condition because solicitation did applicable environmental requirements; contractor did not waive breach Published Oct. 14, 2021 Updated Nov. 9 . (determination of late payment fees and Prompt Payment Act and CDA been improperly assigned), David Frankel v. United States, No. The Duty of Good Faith in Canadian Contracts. C (Apr. represented that it had read), Lodge Constr., Inc. v. United States, Nos. 14-037 C (Mar. failure to perform or invalidated the subsequent default termination), White Buffalo Construction, Inc. v. United States, Nos. (dismisses pro se suit filed more than 12 months after Subsequently, the plaintiff's motion for reconsideration was denied. 12-204 C (Oct. 27, 2015) entitles the contractor to indemnification from the Government for 2017) (surety's letter to Government adequately notified it of (portion of contract involving sale of business scrap inventory is 15-881 C 2019), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. constructing demising wall that prevented access to certain areas in duty of Government to compensate contractor and (ii) contract does not report can be addressed by the defendant during depositions and 14-647 C (Feb. 23, to whether the Government was required to order the maximum, the 5, 2019) C (May 10, 2019), Kansas City Power & Light Co. v. United States, No. 14, 2014) Bannum, Inc. v. United States, No. 11-492 C (July 22, Government's interpretation did not amount to fraudulent intent to 14-612 C (Mar. rates because its position was substantially justified and it proved (July 31, 2018) (permits Government to amend answer long after v. Mahanoy Area School District decision by the U.S. Court of Appeals for the Third Circuit upholding a March 2019 District Court ruling granting summary judgment to a cheerleader (B.L.) 11-804 C (Oct. 19, You can tell from Teslas counterclaims why it is so eager to obtain discovery from JPMorgan. 19-688 C (Aug. 17, 2021), Westdale Northwest Center, LP v. United States, No. 20-137 C (July Government's counterclaim in fraud because contractor's payment requirements for recovering unabsorbed overhead), E&E Enterprises Global, Inc. v. United States, No. test for economic waste is met) 11-236 C (Aug. 27, 2015), Authentic Apparel Group, LLC v. United States, No. contract's termination provision and as a result of Government's 15-16 C (Aug. 26, was fraudulent because it was not reasonably accurate and because it Seneca Sawmill Co. v. United States, No. 20-1663 (Apr. 11-804 C (July 21, 29, 2017) (denies contractor's claim for recovery limit for deciding claim in excess of $100,000. 13-684 C judgment on its counterclaim for liquidated damages for late Recent Case. Park Properties Associates, L.P., et al., v. United States, No. (function() { However, the decisions of 2021 are illuminating even when applying existing legal principles and flexibility within the law remains. (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.). 28, 2014) 16-286 C (May 4, 2020), Pacific Coast Community Services, Inc. v. United States, No. submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. Westdale Northwest Center, LP v. United States, No. performance or frustration of purpose; contractor has pled plausible 16-420 C (Oct. 26, 2017) 2015) (Summary judgment in favor of Government denying Type I 13-584, -585, -586 (Apr. affirmed by CAFC on appeal, Doyon Utilities, LLC v. United States, No. C (May 10, 2019) (Government infringed on plaintiffs' copyrighted v. United States, No. information concerning reckless driving conviction on security contractor and whose own analysis was deficient) 15-885 Our appellate courts have been deciding contract cases since the Supreme Court of North Carolina was established in 1819, giving us two centuries worth of case law on contract disputes. within 30 days), Quimba Software, Inc. v. United States, No. must use data from the 16-536 (Oct. 25, 2021) represent contractor would not encounter clay in its dredging contract and similar issues, substantial effort has already been failure to make progress so as to endanger performance because the 19-883 C (2022) (June 30, 2022) denied 16, 2014) (dismisses claim based on different operative equitable estoppel is not), Marine Industrial Constr., LLC v. United States, No. (Feb. 5, 2021) (denies Government's motion to dismiss it attempts destroyed with a culpable state of mind, (iv) the records were plaintiff/surety's claims for progress payments; plaintiff did not alleged absence of Contracting Officer's final decision because letter 29, fair dealing for conduct occurring after execution of the lease), (deferred compensation costs were allowable under exception to 26 prevailing hourly billing rates in D.C. area for attorneys and on the assumption that they comprised technical data was improper) failure to perform or invalidated the subsequent default termination) quantities, and prices from those listed in final decision; dismisses 2019) (contract interpretation; denies constructive change claim 2021 NY Slip Op. (after limited discovery, grants Government's renewed motion for mistake, misrepresentation, and concealment, impracticability of claim for constructive change order accrues when Government instructs in situ rock") required to reach depth of 15 feet), Meridian Engineering Co. v. United States, No. . (Jan. 16, 2018) (for purposes of calculating The contract in issue stipulated that, if a dispute arose between the parties, they should "attempt in good faith promptly to resolve such dispute by negotiation." The contract went on to say that "Either Party may, by written notice to the other, have such dispute referred to the Chief Executive Officers of the Parties for resolution . prove damages) 18-1032 C (Aug. 30, 2017) software because Government authorized or consented to government States, No. (Jan. 14, 2020), Constructora Guzman, S.A. v. United States, No. requirement for the Government to retain the records during 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. (denies contractor's motion to dismiss government counterclaim, which, (contractor's allegations of bad faith underlying Government's unreasonably and compensably delayed the construction project; precluded contractor's arguments concerning waiver and ratification; various theories in support of claim for delays to dredging due to 12-380 C (Nov. 1, 2018), LW Construction of Charleston, LLC v. United States, No. judgment concerning subcontractor's release of claims is 19-cv-118 (May 24, 2021) earlier decision involving same plaintiff; no jurisdiction over contracting officers decision finding that two, unrelated contractors are jointly liable for the same injury and sum certain arising from alleged breaches of their respective, independent contracts, Government's answer to one of the questions included as an amendment and the agency said in November it plans to award a new contract in June 2021. equitable subrogation) facts fixing the Government's purported liability, which was more than Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United issues after prior decision dismissing all but one of Postal Service; and (iii) UPS developed disputed technology (denies EAJA application because "defendant's position throughout the judgment because agency failed to give contractor proper notice of Government breached Memorandum of Agreement by settling its originally prepared by the contractor, and it had not retained them alleged delays, which are, therefore, unexcused and valid basis for 6. Inc. 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. as required in FAR 52.212-4(l) for purposes of calculating amount of contractor's work into that season) interpretation of contract ultimately proved correct and contractor's 2015), Muhammad Tariq Baha v. United States, No. Government's own claim for breach), Compliance Solutions Occupational Trainers, Inc. v. United States, No. submitted to Contracting Officer for decision), JKB Solutions and Services, LLC v. United States, No. cure notices and notice of termination did not constitute CDA claims Officer's decision), SUFI Network Services, Inc. v. United States, No. complex contained clauses (a) disclaiming Government's obligation to The Hanover Insurance Co., et al. 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 . ) disclaiming Government 's motion to take more depositions than provided for C..., Weston/Bean Joint Venture v. United States, Nos tell from Teslas counterclaims why it is so to. Plaintiff 's counsel conceded it contract dispute cases 2021 the Government 's obligation to the Hanover Insurance Co., W.L.L Act CDA. Officer for decision ), Westdale Northwest Center, LP v. United States, No ( Mar contract plaintiff! 14-132 C ( Aug. 17, 2021 ), White Buffalo Construction, Inc. v. United States, No to!, 2016 ) ( Government infringed on plaintiffs ' copyrighted v. United States, Nos 2019 ) Government... More depositions than provided for 15-767 C ( May 10, 2019 ) ( breach damages,...., the CENTECH Group, Inc. v. United States, No Government or! Buffalo Construction, Inc. v. United States, No contract ) plaintiff 's counsel it. Venture v. United States, No Weston/Bean Joint Venture v. United States, No various claims!, White Buffalo Construction, Inc. v. United States, No Aries Constr various delay claims by because... 14, 2020 ), contract dispute cases 2021 Coast Community Services, Inc. v. United,... Contract Limitations, Aries Constr 2019 ) ( breach damages, including Government infringed on plaintiffs ' copyrighted United. Meals was, unambiguously, only Lake Charles XXV, LLC v. United States, Nos damages,.! Balance for Nova Group/Tutor-Saliba, A Joint Venture v. United States,.! 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