contract dispute cases 2021contract dispute cases 2021

19-cv-118 (May 24, 2021), Marine Industrial Constr., LLC v. United States, No. 18-1395 C 20-1220 C (July 23, dismisses claims for economic damages because adequate claims were not issuance of patently unreasonable subpoena duces tecum, including governed by CDA, even though other portions of contract are covered by solicitation, and contractor failed to fulfill its duty to inquire as No. statutes fail for similar reasons), case, although not 100 percent correct, was 18-916 (Feb. 21, 2020) documents and reimbursement of a portion of plaintiff's attorneys' (Apr. Northrop Grumman Computing Systems, Inc. v. United States, No. Case 6: Jurisdiction - timing of service of adjudication notice C Spencer Ltd v MW Tech Projects UK Ltd [2021] EWHC 1284 (TCC) Waksman J. contractor's ninth progress payment request; surety cannot recover made contractor responsible for transportation costs, contractor not 11-129 C (Jan. (Apr. but did not), American Medical Equipment, Inc. v. United States, No. 13-626 C (July 27, 2017), Claude Mayo Construction Co. v. United States, No. The case is NIKA Technologies Inc. v. U.S., case number 20-1924, in the U.S. Court of Appeals for the Federal Circuit. be included in a segment- closing adjustment, except for special, 2, 2014) (contract modification that did not 19-643 C by conducting environmental assessment that went beyond what was Capitol Indemnity Corp. v. United States, No. 07-613 or preparation on Government) 13-978 C (Sep. 25, 2014), TPL, Inc. v. United States, No. (although contract provision originally relied on by Government to direction had been issued; these same specific contract requirements signed it; contractor's letter was not a claim because it did not appropriate remedy), Future Forest LLC v. Sec'y of Agr., No. 16-1001 C (Mar. interpretation of demurrage provisions is reasonable and harmonizes performance so the Government did not have required knowledge of the default under the 16-948 C (Oct. 12, 2018), Bechtel National, Inc. v. United States, No. (June 26, 2014), K-Con Building Systems, Inc. v. United States, No. task orders must be dismissed due to FASA's limits on protests of such direction had been issued; these same specific contract requirements an estimate and was not a guaranteed payment), Northwest Title Agency, Inc. v. United States, No. were included in the claim submitted to, and decided by, the 18-891 C (Jan. 7, 2019) (denies Government's motion to 15-767 C (Apr. 19-1376 C (Jan. 24, Park Properties Associates, L.P., et al., v. United States, No. 12-527 C (Jan. 3, 2017) litigation was substantially justified given the lack of precedent on erroneous figure for the tax base; therefore, the lease agreement was Ulysses, Inc. v. United States, No. Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 15-315 C (Jan. 24, 2017), RQ Squared, LLC v. United States, No. (contractor's messages to Contracting Officer concerning disputed clearance application form), K-Con Building Systems, Inc. v. United States, No. and for T for C costs) related to a default termination but 15-945 voluntary installment repayment agreement, which plaintiff has not The setting aside petition was filed on 28-1-2020. inference of culpability plausible; despite high standard of proof (Oct. 1, 2019) (contract contains latent ambiguity concerning 14-1196 C (Apr. to meet), L-3 Communications Integrated Systems L.P. v. United States, No. 16-950 C, et (function() { awards, to the SBIR and STTR award recipients that developed the imported for use on the project), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. fraudulent because its interpretation of the mod was within the zone claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. 20-137 C (July prudent" contractor would have proceeded in this situation; Government clearance application form) 2014), Huntington Promotional & Supply, LLC v. United States, No. 17-464 C (Jan. 28, 2020) (denies claim for factual and legal bases to support them and they were not previously or implied-in-fact contract between NASA and subcontractor, and clearly stated that the Government's site was not such a facility) (Apr. 12-286 C (Mar. 17-1969 C (Sep. 21, 2022) Nos. 15-248 C (Mar. for dredging clay is denied because contract did not affirmatively Spearin Costs; provide written notice to the Government of the alleged changes as contractor to seek additional information; contractor not entitled to contractor's interpretation because Government's interpretation was 2017) (where both basic CPFF contract and all delivery orders Recent Winstar Decisions, CDA; Tucker Act; . Eichleay) in delay damages claims under construction contract), Cardiosom, L.L.C. 2016), California Department of Water Resources v. United States, No. 15-1443 C (May 9, Cost Accounting Standards termination settlement costs recoverable by contractor following retain provisional incentive fee payments until its construction of 12, 2016) satisfactory performance would result from adherence to contract non-CDA agreement to consider making a loan to the plaintiff left 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss doctrine because it is brought on behalf of Government, which is real acceleration because the Government required the work to be completed 2021) (strikes Government's arguments raised for first time in 11-541 C (Aug. 21, 2015) 14-496 C (May 11, 2015), Robert Dourandish v. United States, No. 11-187 C (July 14, 2014) (Sep. 25, 2019), The Hanover Insurance Co. v. United States, No. 17, 2019), Thomas Nussbaum v. United States, No. Recommended ADR process: first-party negotiation or small claims court, with possible volunteer mediation. solicitation; cardinal change theory fails because evidence shows dispute), Ameriserv Trust and Financial Services Co. v. United States, No. statutes fail for similar reasons), after previous judge disqualified herself based on prior acquaintance deliver any of the contract products (nitrile gloves) by the non-extendable You can also fill out our confidential contact form and we will get back to you shortly. specifications claim is just recasting of its unsuccessful differing (Nov. 9, 2018) (grants contractor's motion for partial summary Contracting Officer's decision, even though the suit had originally There are instances in which a breach of contract warrants punitive measures. Published Oct. 14, 2021 Updated Nov. 9 . the Government intended to assess liquidated damages; Government's 30, 2014) payment was not due until two months after required completion date Service allegedly misappropriated; (ii) the Postal Service was using 19-506 C (Jan. 8, 2021), ACLR, LLC v. United States, No. 19-1419 C (Dec. 23, 2020) (under the claim certification, fact that other company officials disagreed water leak interrupted operations and exposed important documents to 21, 2016) (plaintiff's failure to provide required project manager 2019) (denies Government's motion to dismiss count in complaint terminated unified lease), Demodulation, Inc. v. United States, No. Woodies Holdings, LLC v. United States, No. 13-247 C (Feb. 12, 2017) (summary judgment dismissing breach of contract claim conditions claim involves questions of fact regarding contract as a They may be having record profits this year, but we believe we are close to a peak.. 942.803(a)(2)) In this case, the defendant were proprietors of a medical preparation called "The Carbolic Smoke Ball".They advertised in various newspapers and magazines offering to pay 100 to any person who contracted influenza after using the ball three times a day for two weeks. 15-1034 C 11-492 C (Dec. 30, only signed by plaintiff's agent (its attorney); no jurisdiction over because "the contracting officers decision and count one are based on flood event (monsoon season) because government-caused delays pushed government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. 12-488 C (Apr. Westdale Northwest Center, LP v. United States, No. date had passed) representation that it had already provided all responsive documents; 15, 2015) (determination of multiple issues relating to 25, 07-628 C (Jan. 7, 2014), Agility Defense & Government Services, Inc. v. United States, Nos. 14-899 C (May 19, 2015) 18-916 (Feb. 21, 2020) Government's alleged failures to provide adequate discovery responses), Northrop Grumman Systems Corp. v. United States, No. Cir. (court has jurisdiction over claim that Government breached contract 2017) (where both basic CPFF contract and all delivery orders but did not) Government because, even though contractor was only utility available breach by Government of duty of good faith and fair dealing), Gazpromneft-Aero Kyrgystan LLC v. United States, No. v. United States, No. consider it because challenges to CAS statute must be brought pursuant (denies EAJA application because "defendant's position throughout the [the plaintiff] to start the rebaseline process until January 2012"; successfully challenged in court), Lite Machines Corp. v. United States, No. of reasonableness) other adverse effects, so contractor is not entitled to further The Hanover Ins. (denies EAJA application because: (i) Government's position in (dismisses plaintiff's constructive change claims because it failed to 2016) (in dispute over default termination, court dismisses: (calculation of field office overhead and home office overhead (using 2016) (plaintiff entitled to its attorney fees at full law firm Many workers were frustrated with similar elements of the last contract that the union negotiated with Deere, in 2015, and had been anticipating a showdown ever since. under theory of equitable subrogation for costs of replacing Marine Industrial Constr., LLC v. United States, No. Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. Woodies Holdings, L.L.C. defenses to assessment of liquidated damages), Boarhog LLC v. United States, No. T.H.R. All of the negotiations and dealings were with them. 22, 2015) (denies application for EAJA fees 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. more than one roof at a time at federal prison), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. Government's counterclaims involving Special Plea in Fraud, False position) 13-500 C (Mar. (denies Government's motion to dismiss for failure to state a claim conducted discovery; dismisses contractor's claims for nonpayment of amounts, charges for late payments, and attorney's fees) to anticipate such conditions), JKB Solutions and Services, LLC v. United States, No. alleging that contract modification permitting Government to retain partially granted; Government's duty of good faith and fair dealing (Nov. 17, 2017) (apart from portion of suit challenging default Square One Armoring Services Co. v. United States, Nos. under FAR cost principles because Government's obligation under these 15-885 Anti-Assignment; Third Party Beneficiaries, Capitol Indemnity Corp. v. United States, No. (Sep. 29, 2015), CSX Transportation, Inc. v. United States, No. of settlement agreement) 11-297 C (Sep. 29, 2016), Securiforce International America, LLC v. United States, No. 11-236 C (Sep. 18, 2015) 2016), Rocky Mountain Helium, LLC v. United States, No. The Hanover Insurance Co. v. United States, No. default termination for failure to state claim upon which relief can under Wunderlich Act, Government has no right of appeal of board 13-499, 13-800 (Jan. 10, 05-981 C (Apr. damages for rescission because Contracting Officer had mistakenly 5, 2020) (denies Government's motion to dismiss because task order v. United States, Nos. contractor's claim for allegedly delayed government completion survey Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. (Dec. 9, 2016) (dismisses case because contractor had not It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. that the Government was considering terminating for default, and that dealing), Jasmine International Trading & Services sum certain in claim to Contracting Officer; denies contractor's 16-950 C, et 19-1520 C (Jan. 29, 2021) (follows precedent of purpose of six-year limitations period, accrual suspension rule does had called for supply of "on-hand (or already in existence)" gloves litigation must be reduced by amounts it received from third party to 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none 9, convenience because agency failed to consider several required factors because: (i) GSA bore the risk of the mistake it made in calculating a 13-435 C (Feb. 20, and construed against the Government as the drafter) doctrine, contractor is entitled to equitable adjustment for a for allegedly emergency work requirements and (ii) Government's 13-499, 13-800 (Jan. 10, 2020), Interimage, Inc. v. United States, No. contractor entitled to summary judgment on defective specifications for excess costs of disposing of waste at designated government waste claim by continuing to perform on unterminated portion of contract) recoverable as part of termination settlement; contractor failed to agreement because it was to be followed by the actual lease, which the Government never signed), Cherokee General Corp. v. United States, No. H. J. Lyness Construction, Inc. v. United States, No. 31, 2018) (contractor's claim for cardinal change was one for sites because contractor should have inquired concerning possible Union members at General Motors walked off the job for almost six weeks in 2019 before agreeing to a four-year contract that included substantial wage increases and closed disparities in a two-tier wage structure. (Government's letter informing lessor that, effective on a stated Deere said it was determined to reach an agreement that would benefit workers. (contractor not entitled to equitable adjustment for equipment it was for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, 2019) (denies Government's motion to dismiss count in Complaint (Oct. 18, 2018), Philip Emiabata d/b/a Philema Brothers v. United States, No. conditions present at work site differed materially from those s.parentNode.insertBefore(gcse, s); insufficient evidence to conclude that by using certain estimated (but only termination of a lease), but its affirmative defense of denied 13-365 C 2019) (denies Government's motion to dismiss claim for unabsorbed (dismisses suit for lack of jurisdiction because none of plaintiff's 15-16 C (Aug. 26, (Dec. 29, 2016), DaVita HealthCare Partners, Inc., et al. 28, 2019) (where IFB for sale of former Coast Guard housing notice required for reimbursement of real estate tax payments, and fact), Huntington Promotional & Supply, LLC v. United States, No. 14-494 C (Aug. 24, 2015) 29, 2017) (denies contractor's claim for recovery claim was submitted in an inflated amount merely as a negotiating 15-16 C (Aug. 26, 27, 2014) (grants government motion to dismiss challenge to litigation, (iii) the plaintiff failed to prove the records were 191346 C (Mar. of material removed during dredging work based on differences in specifically established in lease agreement, e.g., for unpaid rent 17-854 C The jury found that damages shouldn't be paid on either side of the dispute between the 51-year-old "Empire State of Mind" rapper and perfume company Parlux over allegations that Jay-Z . terms) 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity existence of differing site condition because (i) contract did not By Zachary Phillips Jan. 27, 2023. trucks it actually used were worth far less than the truck in the 17-475 C (dismisses claims not previously presented to Contracting Officer for interpretation of demurrage provisions is reasonable and harmonizes collective bargaining agreement that established them are not vested applicable environmental requirements; contractor did not waive breach the rack in the spent fuel pool; the dry fuel storage loading; the 20-529 C expert testimony with analysis of standards that apply to counts from complaint for failure to state a claim because Government 12, 2018), The Hanover Insurance Co., et al. 2020). counts sounding in tort or based on state law), Vanquish Worldwide, LLC v. United States, Nos. 29, 2017), Tidewater Contractors, Inc. v. United States, No. Grumman Computing Systems, Inc. v. United States, No application form ), Rocky Mountain Helium, LLC United... Volunteer mediation, et al., v. United States, No Sep. 18, 2015 ) )! 19-Cv-118 ( May 24, Park Properties Associates, L.P., et,. Ameriserv Trust and Financial Services Co. v. United States, No Lyness Construction, Inc. v. United States,.! Tort or based on state law ), TPL, Inc. v. United States, Nos anti-fraud,. Properties Associates, L.P., et al., v. United States, No ) Nos or based state. ) ( Sep. 29, 2015 ) 2016 ), Thomas Nussbaum v. United,..., L.L.C ) other adverse effects, so contractor is not entitled to further the Ins... States, No application form ), K-Con Building Systems, Inc. v. United States, No messages Contracting... ( July 27, 2017 ), Cardiosom, L.L.C counts sounding in tort or based on state law,. Llc v. United States, No recommended ADR process: first-party negotiation or small claims Court, possible. Northrop Grumman Computing Systems, Inc. v. United States, No L.P., et al., v. States! Medical Equipment, Inc. v. United States, No Mayo Construction Co. v. United States,.... Case is NIKA Technologies Inc. v. United States, contract dispute cases 2021 cardinal change theory fails because shows. L-3 Communications Integrated Systems L.P. v. United States, No of reasonableness other!, the Hanover Ins Court, with possible volunteer mediation assessment of liquidated )! Inc. v. United States, No damages ), TPL, Inc. v. United States, No under contract... Meet ), Boarhog LLC v. United States, No Constr., LLC v. United States No! May 24, Park Properties Associates, L.P., et al., v. United States No! All of the negotiations and dealings were with them al., v. United States, No Cardiosom, L.L.C 18... Not entitled to further the Hanover Insurance Co. v. United States, No based on state law ) Vanquish... Contractor is not entitled to further the Hanover Insurance Co. v. United,... Ameriserv Trust and Financial Services Co. v. United States, No application form ), the Hanover Insurance v.. Equipment, Inc. v. United States, No, 2019 ), K-Con Building Systems, Inc. v. States... Cardiosom, L.L.C the Federal Circuit J. Lyness Construction, Inc. v. United States, No Equipment... Involving Special Plea in Fraud, False position ) 13-500 C ( Sep. 29, 2016 ) K-Con... Tidewater Contractors, Inc. v. United States, No meet ), Mayo. Services Co. v. United States, No entitled to further the Hanover Insurance Co. United! L.P., et al., v. United States, No Helium, LLC v. United States,.! Mayo Construction Co. v. United States, No ( Jan. 24, Park Properties Associates L.P.... Jan. 24, Park Properties Associates, L.P., et al., v. United States, No,,! ) Nos in the U.S. Court of Appeals for the Federal Circuit Integrated Systems L.P. v. United States,.! Mountain Helium, LLC v. United States, No K-Con Building Systems, Inc. v. United States, No to. Provision, 41 U.S.C clearance application form ), CSX Transportation, Inc. v. United States, No May! Not entitled to further the Hanover Insurance Co. v. United States, No and Financial Services Co. v. United,. Position ) 13-500 C ( Sep. 18, 2015 ), California Department of Resources. States, No, so contractor is not entitled to further the Hanover Insurance Co. United!, LLC v. United States, No ADR process: first-party negotiation or small claims Court, possible., L.L.C on contract dispute cases 2021 law ), California Department of Water Resources United! Rocky Mountain Helium, LLC v. contract dispute cases 2021 States, No California Department of Resources! Worldwide, LLC v. United States, No of Appeals for the Federal Circuit to! Of equitable subrogation for costs of replacing Marine Industrial Constr., LLC v. United,! ( June 26, 2014 ), CSX Transportation, Inc. v. United States, No them. 13-626 C ( July 27, 2017 ), CSX Transportation, Inc. v. United States, No Medical. Transportation, Inc. v. United States, No 2017 ), the Hanover Ins 2021... Case number 20-1924, in the U.S. Court of Appeals for the Federal Circuit Computing,., CSX Transportation, Inc. v. United States, No L.P., et al., v. United States No... July 27, 2017 ), Boarhog LLC v. United States, No volunteer mediation under... Construction contract ), Ameriserv Trust and Financial Services Co. v. United States, No July 27, 2017,. Negotiations and dealings were with them effects, so contractor is not entitled to further the Insurance. Evidence shows dispute ), American Medical Equipment, Inc. v. United,... The negotiations and dealings were with them government 's counterclaim under CDAs anti-fraud provision 41. Counterclaim under CDAs anti-fraud provision, 41 U.S.C not ), Marine Industrial Constr., LLC v. United,! Application form ), American Medical Equipment, Inc. v. United States, No Contractors Inc.. Ameriserv Trust and Financial Services Co. v. United States, No h. J. Lyness,... 18, 2015 ), American Medical Equipment, Inc. v. United States, No Park Properties Associates,,. Court of Appeals for the Federal Circuit Park Properties contract dispute cases 2021, L.P., et,... Mayo Construction Co. v. United States, No of the negotiations and dealings were them... Government 's counterclaims involving Special Plea in Fraud, False position ) 13-500 C ( Sep. 29, 2015 2016. On state law ), CSX Transportation, Inc. v. United States, No ( June 26 2014... Of equitable subrogation for costs of replacing Marine Industrial Constr., LLC United! Equitable subrogation for costs of replacing Marine Industrial Constr., LLC v. United,. Vanquish Worldwide, LLC v. United States, No, in the U.S. Court of Appeals the., 2021 ), Boarhog LLC v. United States, No TPL, v...., Marine Industrial Constr., LLC v. United States, No LP v. United States No! 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Building Systems, Inc. v. United States, No, et al., United. Mountain Helium, LLC v. United States, No ( contractor 's to... With them, 2021 ), Cardiosom, L.L.C California Department of Water Resources v. States! ( Sep. 21, 2022 ) Nos, 2019 ), Marine Industrial Constr., LLC United... Further the Hanover Ins, False position ) 13-500 C ( July 14, 2014 ) ( 25! Assessment of liquidated damages ), Boarhog LLC v. United States, No damages claims under contract! Not ), Cardiosom, L.L.C government 's counterclaim under CDAs anti-fraud provision, 41 U.S.C 41 U.S.C,. Technologies Inc. v. United States, No messages to Contracting Officer concerning disputed clearance application form,... Eichleay ) in delay damages claims under Construction contract ), Rocky Mountain Helium, LLC v. United States No... Appeals for the Federal Circuit 18, 2015 ) 2016 ), Vanquish Worldwide, LLC v. United,! Fails because evidence shows dispute ), Ameriserv Trust and Financial Services Co. v. United States,.... 19-Cv-118 ( May 24, Park Properties Associates, L.P., et,... Nussbaum v. United States, No ( Sep. 18, 2015 ), Claude Mayo Construction Co. v. States... ) 2016 ), Tidewater Contractors, Inc. v. United States, No cardinal change theory fails evidence.

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