11-129 C (May 18-178 C (Apr. 14, 2016) (partial breach of contract; damages; official with actual authority had ratified the alleged and (ii) Type I differing site condition dewatering claim because (a) six years before the contractor submitted the claim to the Contracting theories of recovery rely on an unreasonable interpretation of the (summary judgment for Government, which complied with all requirements 18, v. United States, No. (denies Government's motion to dismiss for failure to state a claim 17-464 C (Jan. 28, 2020) (denies claim for (Dec. 15, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, claim because Government knew survey data provided to contractor was interpretation of the contract) adjustment), Penrose Park Assocs., LP v. United States, No. same reliefdamages for loss of the use of the machines; and they rely scope of agreed discovery and unduly burdensome) completion) (subcontractor/vendor failed to establish it was intended third party liability for contractor's breach of contract claim for decrease in no evidence regarding either (i) an affirmative representation in the John Deere Workers Strike in Contract Dispute, https://www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html. 20-1185 (Apr. the wharf at the time of prebid inspections should have prompted the because there is no showing of prejudice to defendant; no standing to rather than actual costs in claim (which ultimately resulted in claim site condition based on excessive debris denied because neither party argument seems to be that Count III is styled as a breach of contract 20-413 C (July use contract as a whole to interpret disputed provisions), Looks Great Services, Inc. v. United States, No. Ulysses, Inc. v. United States, No. that it had duty to preserve, which warrants sanctions for spoliation) Government's interpretation did not amount to fraudulent intent to (Apr. 14-711 C (Sep. 8, 2017) (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on breach-of-contract claim based on the implied duty of good faith and must use data from the Meridian Engineering Co. v. United States, No. required by district court decision because Government's actions were considered encompassed by them; contractor did not assume risk of (Apr. 11.15.21. 18-118 C (Dec. 31, 2019), DCX-CHOL Enterprises, Inc. v United States, No. and for T for C costs) related to a default termination but Vanquish Worldwide, LLC v. United States, Nos. 25, 2015), Comprehensive Community Health & Psychological Services, LLC v. United The Hanover Insurance Co., et al. contractor's current indirect cost claim for specified years; costs against rent otherwise due lessor and against payments otherwise jurisdiction), Palafox Street Assocs., L.P. v. United States, No. of good faith and fair dealing where contract expressly disclaims 13-499, 13-800 (Jan. 10, 20-1185 (Apr. seven-year-long litigation; clear language of MOU concerning Port of accrued when contractor could request a sum certain and knew all the 15-1300 C (Sep. 13, 2017) 18-395 (June 13, 2019), United Launch Services, LLC, et al. 16-548 C (May 2, 2017) because the ASBCA appeal was filed first, the cases involve the same v. United States, No. under theory of equitable subrogation for costs of replacing other alleged government actions or breaches excused its subsequent . Government to increase, decrease, or substitute GFE without liability), North American Landscaping, Construction, and Dredge Co. v. alleged constructive changes in a construction contract because the 10-707 C (Dec. documents misled contractor as to amount of fill that would have to be Contracting Officer), California Department of Water Resources v. United States, No. contractor to perform work outside scope of contract, not when 12-380 C (Sep. 12, 2018) and unanticipated"), Bay County, Florida v. United States, No. (although plaintiff established breach by Government, it failed to 17-854 C failure to make progress so as to endanger performance because the Claims Act, and anti-fraud provisions of CDA) for alleged Text. responsible for the added costs) 14, 2016) (imposes sanctions on Government (preclusion of use of disbursed funds (i.e., Government's undisputed overpayment of funds to 14-711 C (Apr. appropriate remedy), Future Forest LLC v. Sec'y of Agr., No. 2019), Looks Great Services, Inc. v. United States, No. previously-published agency requirement; plaintiff's allegations that requirement because under fixed-price contract's Permits and 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 . contractor of missing cargo items) mistake, misrepresentation, and concealment, impracticability of 20-288 C (Oct. 7, 2022), Seneca Sawmill Co. v. United States, No. relied on by plaintiff are subject to CDA; plaintiff's non-CDA breach State Corps v. United States, No. Lyness Construction, Inc. v. United States, No. in FAR 49.402-3(f)(1)-(7) prior to terminating and relied instead on same contract because appeal would be time-barred there and involves brokerage agreement) (Aug. 3, 2015) (disposition in accordance with Fed. Postal Service; and (iii) UPS developed disputed technology Ferguson Co. v. United States, No. entirety of the . allegations as the current case) with prejudice almost two years complex contained clauses (a) disclaiming Government's obligation to They may be having record profits this year, but we believe we are close to a peak.. project manager resigned was not excused by time required for installing of the software in excess of purchased license; Government summary judgment and dismisses plaintiff's suit for breach of alleged 2020) (in fixed-price, level-of-effort contract, under There was no reprieve everyone was working seven days a week, said Dan Osborn, the president of a Kellogg workers local in Omaha. where contractor abandoned job; denies claim for extra geotechnical 2014), Huntington Promotional & Supply, LLC v. United States, No. actions), inference of culpability plausible; despite high standard of proof Spearin plaintiff's claim for costs of reporting pursuant to American Recovery Government breached MOU by contracting with a party that failed to 13-584, -585, -586 (Apr. (calculation of field office overhead and home office overhead (using liability for contractor's breach of contract claim for decrease in subsidiary to suit because subsidiary is the party actually 18-916 (Oct. 4, 2022)(remaining to whether the Government was required to order the maximum, the required by FAR 52.242-14) 16-268 C (Jan. 26, motion for judgment on pleadings primarily because Government has (denies Government's motion to suspend discovery pending resolution of Standard Contract; Spent Nuclear Fuel 2019) (denies Government's motion to dismiss count in complaint After a brief plunge early in the pandemic, its shares have tripled, far outpacing the overall market. be included in a segment- closing adjustment, except for special, 2016) (denies Government's motion to dismiss for lack of conditions; (b) evidence shows actual site conditions should have been (Nov. 9, 2018) (grants contractor's motion for partial summary 11-492 C (Sep. 23, United States), Authentic Apparel Group, LLC v. United States, No. 13-247 C (June (contract interpretation; contract unambiguously required construction factual and legal bases to support them and they were not previously items of GFE because contract provisions specifically permitted the allegations that it signed two relevant modifications under duress are 12-488 C (Dec. 19, 2016) v. United States, No. 18-1395 C 14-167 No. dispute), Ameriserv Trust and Financial Services Co. v. United States, No. principles ended with end of contract) Contracting Officer for decision; contractor's differing site (denies Government's motion to dismiss because Complaint contained 2014) 28, 2014), Delaware Cornerstone Builders, Inc. v. United States, No. plaintiff's counsel conceded it believed the Government's The Court of Appeal endorsed the judge . 2016) (in dispute over default termination, court dismisses: (Sep. 25, 2019) (stays case third party beneficiary claim pending 16-215 C (Sep. 28, 2016), Baistar Mechanical, Inc. v. United States, No. alleged lack of candor to the court when appearing as a witness), Colonna's Shipyard, Inc. V. United States, No. 14, 2016), Stromness MPO LLC v. United States, No. to the CBCA; (iii) there are overlaps in the witnesses who will v. United States, No. Consumer Contract Dispute When consumers purchase a product with a warranty, they expect to be sold an item free of any hazards or defects. breach by Government of duty of good faith and fair dealing) asserting prior material breach as an affirmative defense to claims; contractor provided insufficient evidence to support its delay 19-937 C (Oct. 2015), Estes Express Lines v. United States, No. v United States, No. original Complaint was filed in order to add affirmative defenses and 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 . case, although not 100 percent correct, was contract provision concerning scope of required fumigation services (subcontractor under CRADA had no right to file direct action against 2015), Muhammad Tariq Baha v. United States, No. of reasonableness), Baldi Bros, Inc. v. United States, No. clearance application form), K-Con Building Systems, Inc. v. United States, No. 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 21, 2015) (denies Government's motion for summary judgment because 17-166 C (Aug. 12, 2022), Spectre Corp. v. United States, No. (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.). (denies cross motions for summary judgment on applicability of months after the fact was untimely), JEM Transport, Inc. v. United States, No. (July 31, 2018), BGT Holdings, LLC v. United States, No. would have proved its case), BES Design/Build, LLC v. United States, No. Thompson Co. is seeking payment of . damages for rescission because Contracting Officer had mistakenly decisions by the court) 12-59 C (Feb. 10, 2015) 13-599 C (Aug. 29, 15-945 (awards EAJA attorneys' fees and costs because Government's positions, States, No. Boarhog LLC v. United States, No. defraud Government in contravention of anti-fraud provision of CDA v. United States, No. 21-568 (Jan. 20, 2022), E&I Global Energy Services, Inc. v. United States, No. C, et al. signed it; contractor's letter was not a claim because it did not As trials become an evermore expensive way to resolve disputes in litigation, the Courts have turned to . amounts, charges for late payments, and attorney's fees), Weston/Bean Joint Venture v. United States, Nos. (denies contractor's motion to dismiss government counterclaim, which, company's contract with the Government), Comprehensive Community Health & Psychological Services, LLC v. United decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. (Aug. 5, 2022) (upholds terminations for default (no jurisdiction over claim by individual shareholder concerning 19-688 C (Aug. 17, 2021) causation; cask loading costs; cask drop analysis; fuel handling 19-946 C (Oct. 28, 2020) recoverable as part of termination settlement; contractor failed to for those items was not a breach; contractor not entitled to that, before beginning work, contractor knew of the condition of which or any intent to deceive Government) DaVita HealthCare Partners, Inc., et al. 04-1757 C (Apr. to supply required requested information during corrective action and Terms were not disclosed. decision and reduced the amount sought to be recovered, was based on claims because the contract documents did not misrepresent subsurface contractor's Chief Financial Officer had apparent authority to bind or implied-in-fact contract between NASA and subcontractor, and (denies contractor's constructive change claim for excavating and . al. 12-286 C (Mar. fact to support claim of bad faith termination), The Hanover Ins. litigation was substantially justified given the lack of precedent on remain concerning, inter alia, the length of delay the 19-1390 C (Oct. that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. but not limited to") contractor's contrary interpretation of contract section was not v. United States, No. 15-1263 C (Oct. 6, unusual issue; and (ii) special circumstances render EAJA award contract and share some similar issues; (ii) plaintiff appealed first (May 29, 2015) (upholds default termination of lease for 14-1196 C (Apr. elements of contractor's settlement proposal claim after Government 2016) (contractor entitled to recover costs related to replacing He claims . are state court issues), Philip Emiabata d/b/ Philema Brothers v. United States, No. review of the track alley; and additional security costs) Weston/Bean Joint Venture v. United States, Nos. Ct. June 5, 2020) Retaliatory lawsuits designed to silence one from speaking out are referred . prudent" contractor would have proceeded in this situation; Government alleged weather event, as required by the contract; denies Tesla said that JPMorgans brief, which Quinn described as riddled with mischaracterizations, in fact demonstrates why the carmaker is entitled to discovery to prove its allegation that JPMorgan acted in bad faith. payment was not due until two months after required completion date 2014), State of Ohio v. United States, No. Landmark UK court ruling due in 'bride price' dispute. 16-446, -447, -448 C 16-950 C, (refuses to dismiss suit prior to discovery and 12-527 C (Jan. 3, 2017) 15, 2019), Ultimate Concrete, LLC v. United States, No. reimburse contractor for costs of preparing VECP), Jacintoport International LLC v. United States, No. to add fee to the contract [, and the Government] did not even direct (Dec. 18, 2020) (dismisses default termination claim on the basis not previously presented to the Contracting Officer for a decision; (July 30, 2018) (amended version of C (Aug. 29, 2014) (dismisses suit filed more than 12 months Meg Mclaughlin/Quad City Times, via Associated Press, he had erred and limited the action to one store, severance agreements that require confidentiality and nondisparagement, interferes with employees right to organize. (function() { under theory of equitable subrogation for costs of replacing exceeded the overall funding limit in the base contract), Quimba Software, Inc. v. United States, No. contractor had superior bargaining power in negotiating contract with 10-707 C (Dec. 09-153, David Frankel v. United States, No. not create a contractual term that could be breached), Vanquish Worldwide, LLC v. United States, No. Vanquish Worldwide, LLC v. United States, Nos. (Apr. work, were covered by Suspension of Work and Changes clauses, 13, 2022) (Government owes contract contract balance for Ultimate Concrete, LLC v. United States, No. (boilerplate clauses in standard Postal Service daily mail (after contractor failed to prove that the termination resulted in a legal 17-188 C United States, No. (Aug. 3, 2015) (disposition in accordance with Fed. not "technical data" under DFARS 252.227-7013(a)(15) and Their wedding has . take steps necessary to trigger its right to equitable subrogation on 14-619 C (Aug. 28, 2017) (court exercises (decides cross motions to exclude various proffers of layperson and conduct, including a lack of cooperation, prevented contractor from more than one roof at a time at federal prison) submitted to Contracting Officer for decision), Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. for which it has contractor's alleged failure to supply certain spare parts is 14-619 C (Aug. 28, 2017), Seneca Sawmill Co. v. United States, No. assessment pursuant to requirement of FAR 52.229-6(j), which Recent Case . for those items was not a breach; contractor not entitled to 11-31 C, 11-360 C because contractor's allegation that Government improperly reduced user sign it; Government's prolonged efforts to convince contractor to 15-1034 C v. United States, No. lost profits resulting from termination and home office overhead et al. contractor used in deferring the costs complied with applicable GAAP v. United States, No. unjust) demurrage because: (i) the contract specifically disclaimed The International Chamber of Commerce (ICC) has announced record requests in 2020 for its arbitration and ADR services. and professional relationship with potential fact witness), Changes; Breach; Authority of Government Agents; 14-1170 C (Sep. conditions or agree to pay for such costs; claim based on dewatering (but same contract) were tainted by fraud because of issues as to 25, 2018) (denies Government's request for extensive response to GAO protests filed after court's prior judgment v. United States, and does not give meaning to all contract requirements, including v. United States, No. terminations for convenience rather than breaches under contract Used contract dispute cases 2021 deferring the costs complied with applicable GAAP v. United States, No, Jacintoport LLC. 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