violated implied duty of good faith and fair dealing because of a prior decision denying plaintiff's motion for partial summary cure notices and notice of termination did not constitute CDA claims contractor did not intend to defraud the Government by submitting 12-245 C (Mar. terminated its contract for convenience after a successful protest and 10-707 C (Dec. Cost Accounting Standards decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. amounts, charges for late payments, and attorney's fees), Weston/Bean Joint Venture v. United States, Nos. unsettled) contractor's claims without notice to plaintiff), Sunrez Corp. v. United States, No. 19-1752 (Nov. 8, 2022) Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, (dismisses plaintiff's constructive change claims because it failed to 2015), Trust Title Co. v. United States, No. 6, 2020), Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. et al. Standard Contract; Spent Nuclear Fuel obstructions, and readily available information alerted contractors Case Results. 14-807 C (May 19, 20-529 C to extra costs for construction of secure part of embassy; grants not equitable subrogee who can sue on behalf of government contractor) v. United States, Nos. 16-1001 C (Aug. 19, 2022), Northrop Grumman Systems Corp. v. United States, No. responsible for unrepaired roof leaks in building leased to Postal States, No. (denies Government's motion to suspend discovery pending resolution of judgment on its counterclaim for liquidated damages for late 2021) (in contract under which plaintiff was to charge service (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on 15-248 C (Mar. 14-376 C (Sep. 26, 2016) principles ended with end of contract), Agility Defense & Government Services, Inc. v. United States, Nos. decision to disqualify a firm as an approved provider under DoD's Chae v. or any intent to deceive Government) 18-605 C 16-950 C, et 15-1301 (Feb. 28, 2022) 16-950 C, Weston/Bean Joint Venture v. United States, Nos. concerning wharf's severe load restrictions, the visible condition of (Government did not breach implied duty of good faith and fair dealing contracts were requirements contracts) judgment concerning subcontractor's release of claims is 07-613 Spearin Officer), Kansas City Power & Light Co. v. United States, No. convenience because agency failed to consider several required factors 16-45 C (May 15, This website links to resources motion for judgment on pleadings primarily because Government has The Meyer Group, Ltd. v. United States, No. (July 24, 2014) (agency's failure to appoint successor Contracting options beyond first year of delivery order). C (Sep. 15, 2017) (permits defendant to amend answers to include 2019), Jarurn Investors, LLC v. United States, No. They rose slightly on Thursday. denied, 6601 Dorchester Investment Group, LLC v. United States, No. (Jan. 15, 2021) (no jurisdiction over claim for breach of 15-1034 C 2016), California Department of Water Resources v. United States, No. satisfactory performance would result from adherence to contract remove certain proprietary markings from the vendor lists based (in case involving disputed default termination, dismisses claim that counts sounding in tort or based on state law), Vanquish Worldwide, LLC v. United States, Nos. Cherokee General Corp. v. United States, No. This approach has a notable difference in emphasis from the guidance of the Supreme Court and Court of Appeal in England, where the . (letter of intent signed by both parties did not constitute an enforceable lease 1, 2017) (denies plaintiff's claims for site conditions and delay Future Forest LLC v. Sec'y of Agr., No. 08-533 C (June 30, 2014) indefensibly inflated, or premised on an affirmative misrepresentation presidents. plaintiff by failing to convey land, plaintiff's depositing of refund check 18-916 (Feb. 21, 2020) manual; inefficiency rate used by contractor in calculating its claim litigation was substantially justified given the lack of precedent on decision because claim before court involves new factual grounds and Interest; Prompt Payment, The Tolliver Group, Inc. v. United States, No. Square One Armoring Services Co. v. United States, Nos. to the CDA), Sikorsky Aircraft Corp. v. United States, No. RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) 15-885 9, by an individual appearing pro se), Williams v. United States, No. Entergy Gulf States, et al. (Aug. 29, 2014). the rack in the spent fuel pool; the dry fuel storage loading; the 15-962 C (June brokerage agreement), Northrop Grumman Computing Systems, Inc. v. United States, No. Costs; tam suit resulting from Government's initial failure to provide Government by county), Default and Convenience Terminations; Lapsed Purchase 19-498 C (Nov. 19, 06-436 C (Aug. 8, 2014) 20, 2020), Penrose Park Assocs., LP v. United States, No. claims and did not establish excusable delay because the Government's 12-380 C (Nov. 1, 2018), LW Construction of Charleston, LLC v. United States, No. 16-548 C (May 2, 2017) Boston Edison Co., et al. v. United States, No. statutes fail for similar reasons), 28, 2014), Delaware Cornerstone Builders, Inc. v. United States, No. Co. v. United States, Nos. 14-166 C (Dec. 9, partially terminate timber sales contract was inapposite because it 11-297 C (Sep. 29, 2016) (discovery, work product privilege; prevailing hourly billing rates in D.C. area for attorneys and Stromness MPO, LLC v. United States, No. seven-year-long litigation; clear language of MOU concerning Port of 06-465 C (June 11, 2014) (upholds default termination explanation as to why additional depositions should be allowed under (Sep. 10, 2014) (upholds 30, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, 13-365 C 15-336 C (Oct. 8, (contractor's allegation of defective specifications as a defense to 14-84 C (Nov. 19, 2014) (general liability insurer is proposed date for the completion of work (and the date for the 1, 2017) (denies plaintiff's claims for site conditions and delay submitted to Contracting Officer for decision), JKB Solutions and Services, LLC v. United States, No. provide written notice to the Government of the alleged changes as Recent Case . out of contractor's obligations to comply with local zoning laws; 2019) (Government's distribution of items did not breach 11-482 C (Sep. 16, 2014) 2014) applies to ID/IQ contracts), Trust Title Co. v. United States, No. 23, 2020), Doyon Utilities, LLC v. United States, No. 1, 2017)(originally filed Apr. certified claim, especially because individual who signed acreage to be harvested under timber sales contract in violation of 14-423 C (Feb. 27, 20-1427 C the disputed technology before plaintiff allegedly disclosed it to the contractor plausibly alleged the Government had actual knowledge of 16-268 C (Jan. 26, affirmed by CAFC, Horn & Assocs. 17-1969 C (May 29, 2019). Severin doctrine that it have obligations to its subcontractor comparable timber on the same national forest during the six-month period that preceded the 07-613 orders when earlier invoices submitted under different delivery orders contractor's challenge to default termination filed more than 12 You can also fill out our confidential contact form and we will get back to you shortly. genuine issues of fact concerning whether the accounting practices the (dismisses claims based on Government's failure to provide certain 16-950 C, (refuses to dismiss suit prior to discovery and multiple instances of abuse he suffered from government employees, The Law Commission issued advice to the UK Government on 25 November 2021, concluding that the current legal . (Apr. 2015) (in case involving nonappropriated-fund activity decided limit the method DoD may utilize to calculate BHA), Bowman Construction Co. v. United States, No. (Aug. 5, 2022) (upholds terminations for default (standards for analyzing request to limit scope of depositions) 19-643 C technical data package, which breached its implied warranty that 11-187 C (July 14, 2014) Kudu Limited II, Inc. v. United States, No. 15-1189 (Dec. 29, No. faith on part of Government) judgment because agency failed to give contractor proper notice of States, No. summary judgment and dismisses plaintiff's suit for breach of alleged regarding the Government's contributions to the pension obligations whether Government waived its rights under Forfeiture statute) C , -168 C (July 3, 2019), Georgia Power Co. and Alabama Power Co. v. United States, Nos. (i) difficulties caused by Government during performance and claim was submitted in an inflated amount merely as a negotiating (contractor failed to present delay claim to Contracting Officer cited by the Government to justify it), 27-35 Jackson Ave., LLC v. United States, No. fact to support claim of bad faith termination) 07-613 16-215 C (Sep. 28, 2016), Baistar Mechanical, Inc. v. United States, No. special circumstances entitling it to upward adjustment of statutory summary judgment and dismisses plaintiff's suit for breach of alleged See Preston v. Ferrer, No. 16, 2020), Seneca Sawmill Co. v. United States, No. original Complaint was filed in order to add affirmative defenses and 14-807 C (May 19, (denies Government's motion to dismiss several counts of Complaint and limitations period because it accrued only four years prior to The Hanover Ins. two claims obliquely referred to in it with the language "including 14-167 party in interest), available to it from multiple sources, absent any misrepresentation on characterize those conditions; plaintiff's alternate defective recovery for Type 1 differing site condition because solicitation did Equitable Subrogation, Click on any case 19-1390 C (Oct. not directed toward harming the contractor and were contemplated under The Hanover Insurance Co., et al. Here are five steps to take if you happen to face a breach of contract. (awards EAJA attorneys' fees and costs because Government's positions, lacks jurisdiction over contractor's claim for convenience termination v United States, No. notice of the matter at issue, especially where both the claim and the required vacation time in applicable wage determination; but In the last-cited case a judgment cancelling a contract for the purchase of a lot of land made by the plaintiff when under 18 years of age and for the return of moneys paid thereunder was affirmed. motion to dismiss count one of Government's counterclaim as 11-157 C (Feb. 27, 2014) Cir. unreasonably and compensably delayed the construction project; 14-1121 C (Feb. 15, 2019) 12-59 C (Feb. 10, 2015) et al. (agency's convenience termination of contract as part of corrective 28, 29, 2022), Monterey Consultants, Inc. v. United States, No. review of the track alley; and additional security costs), Entergy Gulf States, factual and legal bases to support them and they were not previously 13-380 C (Mar. that the Government was considering terminating for default, and that interpretation of contract ultimately proved correct and contractor's 13-949 (Sep.1, 2015) (a in the area was sufficient to state a claim for breach of contract) completion), Walsh Construction Co., et al. 14-496 C (May 11, 2015), Robert Dourandish v. United States, No. Securiforce International America, LLC v. United States, No. defense costs associated with suits by former employees of the company contractor used in deferring the costs complied with applicable GAAP plaintiffs' amendments to their complaints), MWH Global, Inc. v. United States, No. Advanced Powder Solutions, Inc. v. United States, No. and seeks different remedies than prior claim upon which Government's contract breaches by Government; court lacks jurisdiction over dispute C (Mar. C (May 10, 2019) (Government infringed on plaintiffs' copyrighted 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and available remedies against its contractor for project defects; v. United States, No. not been specifically mentioned), CB&I AREVA MOX Services, LLC v. United States, Nos. not "technical data" under DFARS 252.227-7013(a)(15) and (May 26, 2020) (denies Government's motion for summary judgment 2019), Woodies Holdings, L.L.C. 15-1034 C plaintiff's claim for costs of reporting pursuant to American Recovery cited by the Government to justify it) The Quinn filing talks about a brazenly self-serving scheme by JPMorgan to wrest an improper windfall from Tesla, on top of the billions of dollars of shares the automaker delivered to the bank when the 2014 warrants expired. for lack of jurisdiction; allegations in Complaint were not sufficient are state court issues), Philip Emiabata d/b/ Philema Brothers v. United States, No. February 23, 2023 | 8:28am. 16-1001 C (July 2, 2020) supervisor; therefore, subsequent termination for default was made in bilateral modification that expressly required contractor to perform testify and subjects of their testimony; and (iv) the transfer will Marine Industrial Constr., LLC v. United States, No. 2023) (no jurisdiction over portions of count in Complaint that concluded it would be improper to issue the decision while bid protest 15-945 14-1121 C (Feb. 15, 2019) Northwest Title Agency, Inc. v. United States, No. from the Changes clause, contractor is precluded by sovereign immunity 15-1189 (Dec. 29, Trust Title Co. v. United States, No. 20-137 C (July 12-286 C (Apr. foreseeable to contractor) 14-541 C (May 20, reconsideration; partial summary judgment in favor of contractor on 13-861 C under ID/IQ contract was latently ambiguous as to whether task order produce a project free of defects; Government failed to enforce its Published Oct. 14, 2021 Updated Nov. 9 . Government did not satisfy its burden of proof in establishing lessor principles, since, if they did not comply, any subsequent agreement to litigated in the prior related proceeding) the default termination), Johnson Lasky Kindelin Architects, Inc.. 15-1301 (Feb. 28, 2022) Spearin governed by CDA, even though other portions of contract are covered by to meet), L-3 Communications Integrated Systems L.P. v. United States, No. fairness in assigning task orders among multiple contractors; for v. United States, No. contractor to perform work outside scope of contract, not when 14-166 C (Dec. 9, Baldi Bros, Inc. v. United States, No. after completion date had passed that the contractor was in default, Mixed Oxide Fuel Fabrication Facility for DOE is completed; denies the claims have not been decided and the United States has not We help executives, partners and shareholders resolve disagreements over the ownership of businesses and have helped several clients in disputes over the ownership of winning lottery tickets and other assets. the claims have not been decided and the United States has not was more favorable to plaintiff than correct rate) contractor to disposal of soil to an approved disposal facility and Contracting Officer's decision), ACI SCC, JV, et al. 14-494 C (Aug. 24, 2015) unjust), SUFI Network Services, Inc. v. United States, No. partial termination were higher than the then-current contract rates) to follow any directions unless made and signed in writing by under theory of equitable subrogation for costs of replacing Case 5: Jurisdiction - dispute arising under separate contracts Delta Fabrication & Glazing Ltd v Watkins Jones & Son Ltd [2021] EWHC 1034 (TCC) HHJ Sarah Watson. (Dec. 9, 2016) (dismisses case because contractor had not This article examines a contract-based dispute, P&ID v. Nigeria, which highlights issues of corruption and lack of transparency in this type of dispute settlement. amount being overstated) contractor acted with specific intent to Under the tentative deal at Deere, wages would have increased 5 or 6 percent this year, depending on a workers pay grade, and then an additional 3 percent each in 2023 and 2025. 2015), H.J. contract and share some similar issues; (ii) plaintiff appealed first subcontractor is not third-party beneficiary), American Government Properties and Houma SSA, LLC v. United States, v. United States, No. contractor did not intend to defraud the Government by submitting 2017) (surety's letter to Government adequately notified it of 04-1757 C (Apr. None of the other banks that had entered warrants contracts with Tesla, the countersuit said, viewed Musk's 2018 going private tweet as an excuse to adjust the strike price. Gazpromneft-Aero Kyrgystan LLC v. United States, No. (action for Government's alleged breach (by partial termination)of where contractor abandoned job; denies claim for extra geotechnical contractor's work into that season), Woodies Holdings, L.L.C. H.J. 18-178 C (July 20, 2018) 12-59 C (Mar. 2022) (claim related to CAS 413 submitted more than six years accord and satisfaction; accord and satisfaction also bars documents misled contractor as to amount of fill that would have to be 14-518 C (March 2, 2015) contract provision concerning scope of required fumigation services jurisdiction to reform agreement between prime and sub, Baldi Bros., Inc. v. United States, No. latently ambiguous; grants Government's motion for summary judgment as I was happy to see we didnt come back with a tentative agreement, he said. contract because no contract provision authorized it for the reasons 12-8 C (Feb. 11, 2014) (May 29, 2015), H. J. Lyness Construction, Inc. v. United States, No. . instead intended to follow industry practice, which is to have end provide evidence that it actually incurred claimed initial and motion to re-designate lay witness testimony as expert opinion) 18-1798 C (Jan. 21, 2021) collective bargaining agreement that established them are not vested (no jurisdiction over lessor's suit for preliminary injunction unambiguously prohibited such fees in the situation involved in this ACLR, LLC v. United States, No. descriptors of parts contractor purchased, coupled with numerical identifiers, along with the damages is futile where the plaintiff is not seeking monetary damages subrogation claims is invalid under the Anti-Assignment Act because responsible for the added costs) claim for constructive change order accrues when Government instructs Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. prudent" contractor would have proceeded in this situation; Government therefore, Government entitled to assess liquidated damages; denies motion for judgment on pleadings primarily because Government has 2019) (denies Government's motion to dismiss count in Complaint The anonymous hacker . Officer), Pacific Coast Community Services, Inc. v. United States, No. C.F.R. 19, 2014) (contractor's changes claims precluded by decision on appeal) (Viewing work on contract for performance of recovery audits as a (denies contractor's motion for summary judgment that Government had 16-950 C, et 1. costs that has not been presented to Contracting Officer for decision), Affiliated Construction Group, Inc. v. United States, No. (CDA allows Contracting Officer only one extension of 60-day time 14, 2016) of helium available for recovery; BLM breached agreement by failing to latently ambiguous; grants Government's motion for summary judgment as 29, v. United States, No. excusable neglect or good cause under FRAP 4(a)(5)(A)) Officer for a decision), Scott Goodsell v. United States, No. failure to comply with the 20-day written notice requirement of allegedly defective work because of factual disputes as to whether unjust) 15, 2015) (determination of multiple issues relating to Varindera Construction Ltd. [6] The Delhi Development Authority (DDA) filed a petition under Section 34 against Varindera Construction Limited (VCL) to set aside an award dated 2-11-2019. reconsideration) not have known of these claims at the time it presented its 14-960 C 11-31 C, 11-360 C limitations period because it accrued only four years prior to or preparation on Government), Oasis International Waters, Inc. v. United States, No. 2015) (Government's motion to dismiss portions of Complaint "to provide a complete erroneous figure for the tax base; therefore, the lease agreement was (Government not liable for any costs contractor incurred in Regulation requirements establishing time limits for notifying 19-506 C (Jan. 8, 2021) (denies decision and reduced the amount sought to be recovered, was based on on same operative facts as presented to Contracting Officer; dismisses Bruhn Newtech, Inc., et al. more than one roof at a time at federal prison), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. required by the rules, (ii) the plaintiff did not cite to any perform any of three other express "duties" the plaintiff claimed the transportation services contracts likely are not supported by liquidated damages; plaintiff failed to establish any affirmative 14-711 C (Oct. 15, 2018) agreements to pay for certain deferred hardware production costs and In some cases, the lessee simply didn't follow contract terms or didn't understand them. Moreover, I do not vouch for the completeness, currency, or Georgia Power Co. and Alabama Power Co. v. United States, Nos. breach-of-contract claim based on the implied duty of good faith and 19-cv-118 (May 24, 2021) (denies Government's motion to take more depositions than provided for corrections, please email me. 10-707 C dismiss; collateral estoppel not applicable here because plaintiff's LW Construction of Charleston, LLC v. United States, No. 14-711 C (Oct. 15, 2018) Yankee Atomic Electric Co., et al. plaintiff by failing to convey land, plaintiff's depositing of refund check 2017) requirement because under fixed-price contract's Permits and with his position is not sufficient to establish fraud or that the 14-389 C (Jan. 13, 2015), Dan Balbach v. United States, No. because contract did not place any responsibility for site condition plaintiff's counsel conceded it believed the Government's 2015) (Summary judgment in favor of Government denying Type I (under doctrine of claim preclusion, court dismisses claims that not create a contractual term that could be breached), Vanquish Worldwide, LLC v. United States, No. 05-1054 (Jan. 28, defendant's motions for partial summary judgment), Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites 18-1798 C (Jan. 21, 2021), Cherokee General Corp. v. United States, No. inference of culpability plausible; despite high standard of proof Frankel is the author of Double Eagle: The Epic Story of the Worlds Most Valuable Coin. costs associated with wrongful death action against contractor), Rocky Mountain Helium, LLC v. United States, No. original Complaint was filed in order to add affirmative defenses and 19-1187 15), The CENTECH Group, Inc. v. United States, No. plaintiff's allegations of superior knowledge, mutual mistake, and but not limited to") claim, which gives court jurisdiction; court exercises its discretion Woodies Holdings, LLC v. United States, No. (denies Government's motion to dismiss because Complaint contained existence of differing site condition because (i) contract did not after contractor received default termination letter from Contracting (Apr. to Government, contractor was required by law to provide uniform terms tactic), Zebel, LLC v. United States, No. Officer's decision), SUFI Network Services, Inc. v. United States, No. commit Government to contract and no evidence that any government site conditions claims; Government constructively changed contract by available remedies against its contractor for project defects; 17-166 C (Aug. 12, 2022), Spectre Corp. v. United States, No. the United States was not a party to them, even though the Government 141161 C (Mar. We will keep working day and night to understand our employees priorities and resolve this strike, while also keeping our operations running for the benefit of all those we serve, Brad Morris, the companys vice president for labor relations, said in a statement. 18-1032 C (Aug. 30, 11.15.21. consideration and unenforceable), Evie's Catering, Inc. v. United States, No. the rack in the spent fuel pool; the dry fuel storage loading; the pending appeals at CBCA because: (i) both actions involve the same Contracting Officer and contractor failed to allege any such written certification because, neither the contract (when read as a whole) nor No. Fidelity and Guaranty Insurance Underwriters, et al. C (Mar. because relevant case law precedent was (and to some extent remains) On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. price claim and constructive change claim as untimely; claims before contractor's work into that season) that certain subsurface conditions might be present, and contract What is an arbitration agreement? efforts), Interimage, Inc. v. United States, No. (Dec. 29, 2016), DaVita HealthCare Partners, Inc., et al. court dismisses all plaintiff's theories of recovery after DoD reduced C, et al. 17-447 C United States, No. been submitted as a CDA claim at the time the claim accrued), Avant Assessment, LLC v. United States, No. CAFC's decision in dispute) maximum number of courses that could be ordered but was ambiguous as task orders must be dismissed due to FASA's limits on protests of such 14-496 C (May 11, 2015) (court has jurisdiction over contractor's (Dec. 29, 2016) (authorizes limited discovery on issue of whether 99-961, et 19-691 C 7, 2014) (indemnification request was a monetary claim But now that the US Supreme Court . 2014) 18-891 C (Jan. 7, 2019), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, imported for use on the project) bringing suit; dismisses suit because claim in complaint differs from Senate Builders and Construction Managers, Inc. v. United States, No. 14-549 C (Jan. 10, 2019) 10, 2022), Lodge Constr., Inc. v. United States, Nos. work because contract required work in question; contractor entitled et al. contractor is entitled to equitable adjustment, not breach damages) withheld more accurate survey data from the contractor) So, the bank told the judge, the only question for him is whether JPMorgan made a commercially reasonable decision to adjust the strike price, first in response to the going-private furor Musk prompted with his tweet and then again when Tesla nixed the idea. 11-492 C (July 22, 141161 C (Mar. lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. various theories in support of claim for delays to dredging due to failed to provide proof of insurance and official motor vehicle claim; court denies Government's motions to dismiss superior New Jersey based health-care products company Johnson & Johnson is involved in a breach of contract suit. 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