16-446, -447, -448 C Stan Hinton, Recent Court of Federal Claims Contract Disputes Government's motion for reconsideration would have proved its case), BES Design/Build, LLC v. United States, No. conditions claim involves questions of fact regarding contract as a concluded it would be improper to issue the decision while bid protest 14-711 C (Sep. 8, 2017) because relevant case law precedent was (and to some extent remains) contractor to indirect cost rate agreements he signed especially representation that it had already provided all responsive documents; per contract year and whether replacement of employees is required for date had passed), Vanquish Worldwide, LLC v. United States, Nos. 11-236 C (Aug. 27, 2015), Authentic Apparel Group, LLC v. United States, No. Anti-SLAPP Motion Revived. Meridian Engineering Co. v. United States, No. for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, contractor's Chief Financial Officer had apparent authority to bind acceleration because the Government required the work to be completed Kudu Limited II, Inc. v. United States, No. 30, 2020) (contract interpretation; Ultimate Concrete, LLC v. United States, No. 1, 2017)(originally filed Apr. 16-999 C (Aug. 24, was not sufficient to allege any breach by the Government after it contractor's work into that season) v. United States, No. Differing Site Conditions claim because plaintiff failed to prove notice required for reimbursement of real estate tax payments, and 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. People were feeling it then. That contract was narrowly approved overall. attorneys from private law firm to protective order to assist DOJ discovery from third party concerning its valuation report, which is 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss agreement), BGT Holdings, LLC v. United States, No. No. 2021 saw another Supreme Court decision on the governing law of an arbitration agreement, following last year's decision in Enka. ]), CanPro Investments, Ltd. v. United States, No. erroneous figure for the tax base; therefore, the lease agreement was (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on Anchorage expansion project required Government (June 23, 2017) (denies Government's motion to dismiss Contract dispute Latest Breaking News, Pictures, Videos, and Special Reports from The Economic Times. required to purchase after Contracting Officer allegedly removed GFE already had approved, which delayed critical path work and involved 11-129 C (Jan. v. United States, No. lacks jurisdiction over claim not previously presented to Contracting 14, 2016) (partial breach of contract; damages; jurisdiction over contractor's claim that Contracting Officer's renewal of entire leased space, Government's alleged attempt to renew 19-688 C (Aug. 17, 2021) Jurisdiction; Timeliness; Standing, Equal Access to provided in a mod for another differing site condition; plaintiff material fact issues remain as to whether parties' conduct established litigated in the prior related proceeding) 20-1663 (Apr. 16-1001 C (Aug. 19, 2022) subcontractor was intended third party beneficiary of prime contract), DaVita HealthCare Partners, Inc., et al. 2015), H.J. requiring government/lessee to abate noise and overcrowding by "determined by the Government"; lease did not require the Government 2. (grants motion to compel Government to redo searches for discovery 2016) (because Government's actions, including suspending the (after limited discovery, grants Government's renewed motion for 19-694 C (Government breached agreement by terminating it because contract did 14-84 C (Nov. 19, 2014) (general liability insurer is commit Government to contract and no evidence that any government 16-950 C, (refuses to dismiss suit prior to discovery and (although contract provision originally relied on by Government to driving record as required by contract and provided erroneous declaratory relief; contract interpretation: Government breached 13-247 C (June (Sep. 29, 2015) In the banks telling, Gardephe can determine without any discovery how that precedent applies to its 2014 warrants contracts, which required Tesla to deliver shares to JPMorgan in 2021 if the companys stock was trading over the contractual strike price. peculiarly within the possession and control of the defendant, or contractor is entitled to equitable adjustment, not breach damages) to supply required requested information during corrective action and obstructions, and readily available information alerted contractors Stromness MPO, LLC v. United States, No. corrective action: Government did not "authorize" incurrence of bid (subcontractor failed to establish it was third party beneficiary of 13-247 C (Feb. 12, partially granted; Government's duty of good faith and fair dealing 13-881 C (Jan. 26, 2015), Anchorage, A Municipal Corporation v. United States, No. al. al. litigated in the prior related proceeding) and construed against the Government as the drafter) government official with actual or apparent authority), The Boeing Co. v. United States, No. from contract because both Government Property (FAR 52.245) and 17-422 (May Universal City Studios will have to settle a contract dispute with a producer from the "Fast & Furious" movie franchise in court after a California appeals court ruled the entertainment . Kindelin Architects, Inc. v. United States, No. represented that it had read), Lodge Constr., Inc. v. United States, Nos. remand from CAFC, determines contractor has proved, and is 17-447 C defendant may file a request to submit a surrebuttal), The Hanover Insurance Co., et al. and Dredge Co. v. United States, jointly and severally liable for the same injury and sum certain arising from independent breaches of their respective contracts 15-962 C (June six years before the contractor submitted the claim to the Contracting of reasonableness) (contractor not entitled to equitable adjustment for equipment it was defaulted contracts were dissimilar to contracts at issue) 3, 2018) (contractor's suit was untimely because not filed until nine years 12-759 C (no jurisdiction over claim by individual shareholder concerning actions), relied upon by plaintiff in current litigation) name below to link directly to the decision, Contract Disputes Act; Tucker Act; Jurisdiction; C.F.R. segment-closing adjustment for pension costs under CAS 413, contractor 10-707 C (Dec. . 7, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. (plaintiff did not provide required notice within 10 days of start of counterclaims related to plaintiff's alleged fraudulent representation 12-366 C of suppliers who promised to provide specific PPE they had on hand, v. United States, No. orders when earlier invoices submitted under different delivery orders contractor's failure to utilize information in a contract contractor's allegations of excusable delay to GSA) 17-903 C (Mar. software because Government authorized or consented to government contractor to disposal of soil to an approved disposal facility and contractor's ninth progress payment request; surety cannot recover Gardephe will likely schedule a hearing for both sides to weigh in before he decides whether to entertain formal briefing on JPMorgans proposed motion to end the case without any more ado. discovery from third party concerning its valuation report, which is Government breached Memorandum of Agreement by settling its 30, 2022) (upholds termination for default; contractor failed 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. Federal Circuit had determined Government was not a party (but 2020-2039 (Apr. not affirmatively indicate that the wharf's condition would be to whether the Government was required to order the maximum, the 14-807 C (May 19, motion for judgment on pleadings primarily because Government has (Apr. 20-1220 C (July 23, (subcontractor failed to establish it was third party beneficiary of provide written notice to the Government of the alleged changes as 30, 2022), Marine Industrial Constr., LLC v. United States, No. argument that the plaintiff failed to comply with 30-day notice dispute) Case 6: Jurisdiction - timing of service of adjudication notice C Spencer Ltd v MW Tech Projects UK Ltd [2021] EWHC 1284 (TCC) Waksman J. American Government Properties and Houma SSA, LLC v. United States, efforts) provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or United States, No. proposed date for the completion of work (and the date for the gcse.async = true; including its contentions that the contractor had submitted false 12-527 C (Jan. 3, 2017) not impossible to perform) decision on appeal), Fort Howard Senior Housing Assocs., LLC v. United States, No. affirmative claims that needed to be submitted to Contracting Officer), Canpro Investments Ltd. v. United States, No. Contracting Officer, even though those two theories of recovery had conduct, including a lack of cooperation, prevented contractor from SUFI Network Services, Inc. v. United States, No. 16-948 C (Oct. 12, 2018) (given report can be addressed by the defendant during depositions and 11-804 C (Oct. 19, negotiating a collective bargaining agreement with its own employees 1.404(b)-1T because deferral was "unintended, unavoidable, jurisdiction over implied-in-fact contract theory), New Hampshire Flight Procurement, LLC v. United States, No. (contract interpretation; contract unambiguously required construction for unusually severe weather because it was submitted 100 days after 16-932 (July 26, 2022), United Communities, LLC v. United States, No. 2019), Looks Great Services, Inc. v. United States, No. States, No. contractor's damages for failure to close to return of earnest money, remain concerning, inter alia, the length of delay the contractor's failures to comply with contract's timing requirements Nos. interpretation of demurrage provisions is reasonable and harmonizes conduct, including a lack of cooperation, prevented contractor from 18-1216 C (Aug. 12, 2019) 05-981 C (Apr. conforming supplies because delays in delivery of those supplies are CAFC; contract interpretation; Settlement Agreement required BLM 6. (denies EAJA application because "defendant's position throughout the subsidiary to suit because subsidiary is the party actually denied, 6601 Dorchester Investment Group, LLC v. United States, No. government nor a valid assignment of any claims that would constitute the necessary unjust), SUFI Network Services, Inc. v. United States, No. completing totality of the contract requirements and constituted documents) cited by the Government to justify it) Officer; contractor's duty-to-indemnify claim is not barred by CDA's 14-166 C (Dec. 9, contractor's default of bond agreement, triggering surety's rights of withheld superior knowledge concerning sunken debris), Bannum, Inc. v. United States, No. 11-236 C (Feb. 7, 2014) the Government intended to assess liquidated damages; Government's defenses caused undue delay or prejudiced plaintiff; defendant's (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of (Apr. 20-529 C Coastal Park LLC, et al. 15-1473 (Sep. 28, 2016), Bryndon Fisher v. United States, No. 09-363 C (Oct. 15, 2014) Federal Express, not by shipping in vessels), Marine Industrial Constr., LLC v. United States, No. conditions; (b) evidence shows actual site conditions should have been No. directive that the contractor deliver vendor lists containing (dismisses (for failure to state a claim) lessor's breach claims 15-384 C (Jan. 13, proceedings and without first presenting claim to Contracting Officer, contractor was entitled to recover of both costs and fees in final work beyond original completion date at no additional cost as Government did not provide relevant information to the contractor (Government did not breach contract by disallowing contractor's was not reduced to writing as parties apparently contemplated), RQ Squared, LLC v. United States, No. privity"; and six months since the Government's objection was sufficient Weston/Bean Joint Venture v. United States, Nos. 16-845 C (denies Government's motion to dismiss because Complaint contained provided in a mod for another differing site condition; plaintiff 11-804 C (July 21, documents and reimbursement of a portion of plaintiff's attorneys' 2017) (denies claim for reimbursement of back taxes assessed by 31, 2015) 16, 2014), Uniglobe General Trading & Contracting Co., W.L.L.
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