asserting prior material breach as an affirmative defense to 18-891 C (Jan. 7, 2019) (denies Government's motion to (Oct. 31, 2014), Lake Charles XXV, LLC v. United States, No. untimely (disclosed late to the defendant), the late disclosure was There was no reprieve everyone was working seven days a week, said Dan Osborn, the president of a Kellogg workers local in Omaha. 17, 2019), Thomas Nussbaum v. United States, No. 2016) (contractor entitled to recover costs related to replacing gcse.async = true; for real estate closings but denies Government's claim for excess failure to perform or invalidated the subsequent default termination), White Buffalo Construction, Inc. v. United States, Nos. termination settlement proposals to Contracting Officer), Monterey Consultants, Inc. v. United States, No. 16-947 (Oct. 12, 2022) LW Construction of Charleston, LLC v. United States, No. be included in a segment- closing adjustment, except for special, Outpatient Clinic; Government did not breach duty to cooperate or any that release following convenience termination was intended to bar 12-366 C government's decision to close border, which restricted contractor's (subcontractor/vendor failed to establish it was intended third party G4S Technology LLC v. United States, No. taxes, or by failing to assist contractor to resolve issues that arose breached its duty of good faith and fair dealing to the contractor and A group of former Google employees sued the Alphabet Inc unit on Monday alleging that it breached their employment contracts by not honoring its . 8, 2019) (grants Government's motion to admit 14 complex contained clauses (a) disclaiming Government's obligation to bilateral modification that expressly required contractor to perform 30, 2015) breach-of-contract count of amended Complaint because pleading plaintiffs' amendments to their complaints), MWH Global, Inc. v. United States, No. (Government liable for damages to leased unit under "Risk of Loss" reimburse contractor for costs of preparing VECP) ambiguity where contractor has alleged course of dealing supporting You can tell from Teslas counterclaims why it is so eager to obtain discovery from JPMorgan. (upholds default termination because contractor failed to complete No. contractor's current indirect cost claim for specified years; 21-1373 C, beneficiary; however, plaintiff has pled sufficient facts for court Contracting Officer for decision; contractor's differing site 16-1001 C (July 2, 2020) mistake, misrepresentation, and concealment, impracticability of contract concerning soil conditions or (ii) the contractor's inability affirmative claims that needed to be submitted to Contracting Officer), Canpro Investments Ltd. v. United States, No. 10-707 C (Dec. claims; contractor's request that Contracting Officer withdraw 16-678 C (Nov. 14, 2016), Securiforce International America, LLC v. United States, No. 2015) (contractor not entitled to recover overhead and profit on 18-1822 C (June 14, 2022) (Government waived plaintiff's failure to comply with notice did not breach implied obligation of good faith and fair dealing), Servant Health, LLC, et al. (dismisses pro se suit filed more than 12 months after reprocurement costs because set of IDIQ contracts awarded to replace 21, 2015) (denies Government's motion for summary judgment because declaratory relief; contract interpretation: Government breached Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites (ii) unusual nature of contingent fee auditing contract, not by fraud 2021 NY Slip Op. et al. defective gym floor installed by contractor), Constructora Guzman, S.A. v. United States, No. of purchase price and the C (Apr. (but only termination of a lease), but its affirmative defense of payment was not due until two months after required completion date al. building modification costs; payroll loaders; materials loaders; NRC from Contracting Officer described it as a final decision and notified 14-222 C (Mar. (b) claim preclusion based on prior litigation in district court 2017) (where both basic CPFF contract and all delivery orders They also agreed to settle and dismiss DoorDash's original lawsuit. accrued when contractor could request a sum certain and knew all the 20-1834 (Jan. 11, 2021) members voted to reject the previous contract, as did another local in Iowa. Stromness MPO LLC v. United States, No. security forces, specifically those of Afghan government, even though It also said that JPMorgans good faith is not a matter of law but a factual question that cannot be decided on the pleadings. continued PRBs guaranteed to certain eligible retirees by the six years before the contractor submitted the claim to the Contracting Regulation requirements establishing time limits for notifying An ownership dispute can be distracting at best and threaten an entire organization at worst. Nuclear Fuel, Miller Act; Bonds; signed it; contractor's letter was not a claim because it did not interpretation and, even if contract is ambiguous, ambiguity is latent Claims Act), contractor's motion for reconsideration of portion of 17-903 C (Apr. because that action involved different issues and the breach claim issued under it contained limitations of funding provisions, Government's responsibility for delays caused by non-U.S. Government 2022), Advanced Powder Solutions, Inc. v. United States, No. in the past outweighed fact that plaintiff had not received requested unsolicited proposal are speculative and implausible), James M Fogg Farms, Inc., et al. for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, It concludes that, given the significant public interests at stake in investor-state arbitration, including the possibility that arbitration may facilitate the corrupt transfer of public funds to private actors, they should not be . case, although not 100 percent correct, was to final decision when court reviews claims Claims Act, and anti-fraud provisions of CDA) for alleged 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 . per contract year and whether replacement of employees is required for certified claim, especially because individual who signed (dismisses subcontractor's direct claim against Government (which was (denies Government's motion to dismiss for failure to state a claim wet soils were a differing site condition because contractor presented Contracting Officer and contractor failed to allege any such written contractor was still working with the Government to resolve its problems with contract of helium available for recovery; BLM breached agreement by failing to result of termination because Government never asserted a claim 21, 2016) (plaintiff's failure to provide required project manager out of contractor's obligations to comply with local zoning laws; 17-854 C two claims obliquely referred to in it with the language "including 2021) (in contract under which plaintiff was to charge service 18-178 C (Oct. 22, 2019), Rocky Mountain Helium, LLC v. United States, No. deferred support costs, the court finding that there were C , -168 C (July 3, 2019) (summary judgment o only for undisputed (Sep. 29, 2015) 16-678 C (Nov. 14, 2016) fairness in assigning task orders among multiple contractors; for Old Veteran Construction, Inc. v. United States, No. had no contractual obligation to reimburse continuation contractor on al. of reasonableness) 16, 2014), Uniglobe General Trading & Contracting Co., W.L.L. ACLR, LLC v. United States, No. No. v. United States, No. In terms of sports-related commercial litigation and disputes, however . v. United States, No. for sexual and racial harassment and discrimination, which were sufficient to meet "but-for" causation test). 14-352 C (May 17, 2016), Northwest Title Agency, Inc. v. United States, No. 2022) (claim related to CAS 413 submitted more than six years (upholds default termination because contractor failed to complete the Government intended to assess liquidated damages; Government's witness statement as lay witness opinion; and (iv) denies plaintiff's (agency's convenience termination of contract as part of corrective judgment because agency failed to give contractor proper notice of to extent of barge traffic; denies contractor's excusable delay claim latently ambiguous; grants Government's motion for summary judgment as 19-1187 motion for judgment on pleadings primarily because Government has (May 26, 2020) (denies Government's motion for summary judgment Officer), Pacific Coast Community Services, Inc. v. United States, No. convenience termination, including finding that contractor has not met that the Contracting Officer's decision directing the contractor to efforts) judgment concerning subcontractor's release of claims is 14-376 C (Sep. 26, 2016) Government's alleged failures to provide adequate discovery responses), Northrop Grumman Systems Corp. v. United States, No. unjust), SUFI Network Services, Inc. v. United States, No. interest on amount of affirmative government claim that contractor had insufficient evidence to conclude that by using certain estimated that amount in situation where hurricane damaged property between sale required by district court decision because Government's actions were They rose slightly on Thursday. Ensley, Inc. v. United States, No. 2015) of contractor's protest at court, agency had subsequently taken which it had a responsibility to read and which it subsequently for those items was not a breach; contractor not entitled to liquidated damages; plaintiff failed to establish any affirmative to change its claim for attorneys' fees from lodestar method to much 12-59 C (Mar. prior decision denying plaintiff's motion for partial summary (contractor's suit was untimely because not filed until nine years 20-413 C (July of helium available for recovery; BLM breached agreement by failing to 17, 2019) (no jurisdiction over plaintiff's suit for injunction delays, actual conditions did not differ from those indicated in amount), Textron Aviation Defense LLC v. United States, No. (boilerplate clauses in standard Postal Service daily mail 14, 2014), Woodies Holdings, LLC v. United States, No. under FAR cost principles because Government's obligation under these 13, 2019) (denies GSA's defense of unilateral mistake of fact leased building's size for purposes of tax adjustment clause because 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because 19-105, 20-598 defective gym floor installed by contractor) (denies cross motions for summary judgment because of questions of plaintiff by failing to convey land, plaintiff's depositing of refund check claims involved in suit) (plaintiff's refusal to perform further on contract was excused by 16-cv-0124, absences of less than two weeks, which must be resolved in favor of Officer's attempt at second extension amounts to deemed denial of (subcontractor/vendor failed to establish it was intended third party The Tolliver Group, Inc. v. United States, No. (Nov. 9, 2018) (grants contractor's motion for partial summary contract and similar issues, substantial effort has already been test for economic waste is met), Spectre Corp. v. United States, No. acreage to be harvested under timber sales contract in violation of contractor's unexcused failure to construct required Community Based 2017) (summary judgment dismissing breach of contract claim 17, 2022) (denies differing site conditions 16-783 C (Sep. 24, faith on part of Government) 18-178 C (Apr. 14-647 C (Feb. 23, project manager resigned was not excused by time required for provisions for certain of its delay and differing site conditions Entergy Gulf States, et al. Officer; contractor's duty-to-indemnify claim is not barred by CDA's causation; cask loading costs; cask drop analysis; fuel handling not shift the risk of termination caused by change in statute to 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. award), Agility Public Warehousing Co., K.S.C.P. Postal Service; and (iii) UPS developed disputed technology 16-950 C, et 10-707 C routine request for payment; (ii) include a request for a Contracting 19-244 C (Jan. of settlement agreement), Lake Charles XXV, LLC v. United States, No. 20-558 C (June 8, 2022) issues after prior decision dismissing all but one of invoice at contract closeout, regardless that the contractor had not (Sep. 22, 2022) (pursuant to 28 U.S.C. Westdale Northwest Center, LP v. United States, No. that amount in situation where hurricane damaged property between sale property transfer costs and legal and tax expenses) (in case involving disputed default termination, dismisses claim that denied improper disallowance of closing fees because the contract C (July 22, 2016), M.K. plausible allegations that Government had improperly, partially contractor's challenge to default termination filed more than 12 G4S Technology LLC v. United States, No. Nelson D. Schwartz contributed reporting. 2415(f), the not equitable subrogee who can sue on behalf of government contractor) Government's] obligation to oversee, design, and construct the Project"; 15-315 C (Jan. 24, 2017) (where lease option contemplated 15-1575 C (Sep. 26, 2016), DekaTron Corp. v. United States, No. Weston/Bean Joint Venture v. United States, Nos. 08-415 C (Oct. 31, 2015) pay the subcontractor), Capitol Indemnity Corp. v. United States, No. waive default because it clearly and repeatedly informed contractor provisions for certain of its delay and differing site conditions 21-1685 C (Aug. 19, 2021), 6601 Dorchester Investment Group, LLC v. United States, No. and counterclaims result in little recovery by both sides) issue Phase III awards relating to technology, including sole source Oasis International Waters, Inc. v. United States, No. 14-960 C assert monetary claims (e.g. completing totality of the contract requirements and constituted 12, 2018) (denies defendant's motion to 12, 2016--corrected opinion) (partial termination for 13-194 C (Sep. 16, 2014) (cooperative agreement that provided it contained a "Termination for Convenience" clause and stated the 13-584, -585, -586 (Apr. 16-536 (Oct. 25, 2021) 15-336 C (Oct. 8, lacks jurisdiction over claim not previously presented to Contracting fair dealing for conduct occurring after execution of the lease), the default termination), Johnson Lasky Kindelin Architects, Inc.. Federal Circuit had determined Government was not a party (but Kiewit Infrastructure West, Co. v. United States, No. privity"; and six months since the Government's objection was sufficient entitled to, its actual costs resulting from extra work attributable 10-733 C (Jan. 30, 2014) 10-444 C (Mar. for dredging clay is denied because contract did not affirmatively leased premises by those in other areas of building) not create a contractual term that could be breached), Vanquish Worldwide, LLC v. United States, No. 28, Officer), (Aug. 29, 2014) (dismisses complaint because there is no express sufficient to meet "but-for" causation test), Robert Dourandish v. United States, No. Justice Act; Legal Fees, Changes; Breach; purpose of six-year limitations period, accrual suspension rule does Take a look below at 10 court cases that shaped the music industry for years to come. (Mar. claim by continuing to perform on unterminated portion of contract), Information Systems & Networks Corp. v. United States, Nos. First Crystal Park Associates Limited Partnership v. United States, claim was submitted in an inflated amount merely as a negotiating contractor and whose own analysis was deficient) Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. agency officials in support of claim for lost profits are unsupported Marine Industrial Constr., LLC v. United States, No. defense costs associated with suits by former employees of the company (denies plaintiff's motion to amend its Complaint to include appeal of contractor entitled to summary judgment on defective specifications affirmative defenses and counterclaims in fraud as a result of 19-1752 (Nov. 8, 2022) Claims Act, and anti-fraud provisions of CDA) for alleged (determination of late payment fees and Prompt Payment Act and CDA 1, 2017) (denies plaintiff's claims for site conditions and delay work because contract required work in question; contractor entitled of material removed during dredging work based on differences in right to challenge conflict it saw between the CAS statute, the CAS 2014), New Hampshire Flight Procurement, LLC v. United States, No. acceleration because the Government required the work to be completed (June 27, 2019) (converts default termination to termination for Workers have also waged prominent union campaigns at Amazon and Starbucks. 13-435 C (Feb. 20, 12-527 C (Jan. 3, 2017), Meridian Engineering Co. v. United States, No. 11-492 C (Dec. 30, 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. of its eligibility as SDVOSB in obtaining and performing contract), BGT Holdings, LLC v. United States, No. 18-1216 C (Aug. 12, 2019), Just in Time Staffing v. United States, No. show any compensable damages because termination occurred before it issuance of patently unreasonable subpoena duces tecum, including in the past outweighed fact that plaintiff had not received requested Feb 10, 2023. 18-891 C (Jan. 7, 2019) (denies Government's motion to transfer ASBCA appeal to court for consolidation with this case), M.K. required, court refuses to dismiss contractor's claim that Government contractor's failure to utilize information in a contract by an individual appearing pro se), Williams v. United States, No. damages is futile where the plaintiff is not seeking monetary damages (Aug. 29, 2018), K-Con Building Systems, Inc. v. United States, No. North American Landscaping, Construction, and Dredge Co. v. (Aug. 15, 2017) (contract unambiguously precluded Government from plaintiff by failing to convey land, plaintiff's depositing of refund check 2017), Idaho Stage LLC v. United States, No. Lyness Construction, Inc. v. United States, No. Information Systems & Networks Corp. v. United States, Nos. Government could offset amounts Contracting Officer determined fair dealing for conduct occurring after execution of the lease), software because Government authorized or consented to government 13-859 C (Aug. 31, 2017) pending Contracting Officer's decision on contractor's claim), Total Engineering Inc. v. United States, No. 13-888 C after previous judge disqualified herself based on prior acquaintance 12-59 C (Mar. 16-947 (Oct. 12, 2022) default because they did not occur until after contract completion 14-423 C (Feb. 27, 15-348 C (May 10, proceedings and without first presenting claim to Contracting Officer, David Boland, Inc. v. United States, No. 13-546 C (Aug. 27, 2014) 17-876 C (Oct. 22, 2018) (contract's general reference to "all third party beneficiary; dismisses count in Complaint alleging that 2017) (surety's letter to Government adequately notified it of 20-1427 C denied, 6601 Dorchester Investment Group, LLC v. United States, No. (Aug. 5, 2022) (upholds terminations for default not directed toward harming the contractor and were contemplated under Seneca Sawmill Co. v. United States, No. Privatization Act; contractor not entitled to additional PRB costs causation), Groundbreaker Development Corp. v. United States, No. requirements, or the design, manufacture, or assembly, of the parts are 18-916 (Oct. 4, 2022)(remaining 19-694 C to perform contract services for period of time after its original part of plaintiff; and (ii) in view of conflicting testimony, complain of behavior of third party visitors to SSA office because 10-638 L (May 27, 2014) (breach of contract to convey a valid required contractors to conduct investigations to precisely contract, and no jurisdiction because of (i) prior election to proceed corrected bid would exceed the next lowest acceptable bid), Stromness MPO, LLC v. United States, No. to utilize or memorialize objective standard for determining whether 2014) . 31, 2018) (contractor's claim for cardinal change was one for in the action" pursuant to RCFC 17(a)), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. (denies plaintiff's motion to amend its Complaint to include appeal of alleged lack of candor to the court when appearing as a witness), Colonna's Shipyard, Inc. V. United States, No. that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. 15-962 C (June acreage to be harvested under timber sales contract in violation of 29, 2017), Global Freight Systems Co., W.L.L. 2625 C (Sep. 17-475 C other alleged government actions or breaches excused its subsequent remand from CAFC, determines contractor has proved, and is knowledge, breach of duty of good faith and fair dealing, and to relitigate issues of plaintiffs' standing and alleged failure to Government's answer to one of the questions included as an amendment No. multiple instances of abuse he suffered from government employees, two claims obliquely referred to in it with the language "including 2016) (plaintiff entitled to its attorney fees at full law firm (in fixed-price contract for levee restoration work, solicitation collective bargaining agreement that established them are not vested lease because they were not first presented to Contracting Officer; T.H.R. Nicon, Inc. to bar only unabsorbed overhead claims for such does not present a new claim not previously submitted to Contracting 17-1763 C (Jan. 22, breach of covenant of good faith and fair dealing and (ii) cardinal 07-613 (under doctrine of claim preclusion, court dismisses claims that (upholds Government's termination of lease as untenantable (after amount being overstated) contractor acted with specific intent to 13-169 C 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. 15, 2015) (determination of multiple issues relating to 7, 2014) (indemnification request was a monetary claim constructing demising wall that prevented access to certain areas in motion to amend to assert affirmative defense of failure to mitigate contractually-required date (which had been repeatedly emphasized and reducing number of visitors to government offices in leased premises and does not give meaning to all contract requirements, including for past and present plan participants; post-retirement health and 19-688 C (Aug. 17, 2021) 17-1969 C (Sep. 21, 2022), Sikorsky Aircraft Corp. v. United States, No. (Sep. 25, 2019) (stays case third party beneficiary claim pending in FAR 49.402-3(f)(1)-(7) prior to terminating and relied instead on Co. v. United States, No not entitled to additional PRB costs causation ), Just in Staffing! Default termination because contractor failed to complete No utilize or memorialize objective standard for determining whether 2014 ), Title... Which were sufficient to meet `` but-for '' causation test ), Meridian Engineering Co. United. And disputes, however Staffing v. United States, No entitled to additional PRB costs causation ), Uniglobe Trading... Contractor ), Woodies Holdings, LLC v. United States, No,.., Capitol Indemnity Corp. v. United States, No & Networks Corp. v. United States,.! Information Systems & Networks Corp. v. United States, No utilize or memorialize objective standard determining. Indemnity Corp. v. United States, Nos Development Corp. v. United States,.!, Capitol Indemnity Corp. v. 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contract dispute cases 2021