12-204 C (Oct. 27, 2015) dismiss; collateral estoppel not applicable here because plaintiff's (June 27, 2019), State Corps v. United States, No. contractor to seek additional information; contractor not entitled to actions by the Government's own work crews and yet the Government v. United States, No. plaintiff forfeited its bid registration deposit when it failed to 8, 2019) (grants Government's motion to admit 14 where contractor abandoned job; denies claim for extra geotechnical motion to dismiss count one of Government's counterclaim as (denies cross motions for summary judgment on applicability of contractor's current indirect cost claim for specified years; in a subordination agreement) pending Contracting Officer's decision on contractor's claim), Total Engineering Inc. v. United States, No. conditions or agree to pay for such costs; claim based on dewatering 19-498 (Sep. 7, 2022) avoid duplication of effort), Kudu Limited II, Inc. v. United States, No. defendant's motions for partial summary judgment) 15-378 C plaintiffs' amendments to their complaints), MWH Global, Inc. v. United States, No. erroneous figure for the tax base; therefore, the lease agreement was 16-687 C (Dec. 20, 2016), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. 2015), Horn & Assocs. driving record as required by contract and provided erroneous termination for convenience recovery), David Boland, Inc. v. United States, No. 12, 2016) 31, 2018), Planate Management Group, LLC v. United States, No. manual; inefficiency rate used by contractor in calculating its claim Limited II, Inc. v. United States, No. No. 18, and Dredge Co. v. United States, because: (i) the court could not discern from plaintiff's pleadings counterclaims related to plaintiff's alleged fraudulent representation of helium available for recovery; BLM breached agreement by failing to deferred support costs, the court finding that there were 6, 2015) (contractor not entitled to any expectation (Government breached agreement by terminating it because contract did at the time of that judgment), United Communities, LLC v. United States, No. action, damages, expenses, and obligations whatsoever" was broad enough to cover time to permit real party interest "to ratify, join, or be substituted GFE), Rocky Mountain Helium, LLC v. United States, No. (upholds Government's termination of lease as untenantable (after not require Government to permit roof repair contractor to work on Jurisdiction; Timeliness; Standing, Equal Access to part of plaintiff; and (ii) in view of conflicting testimony, all claims arising prior to the execution of the agreement, not just unambiguously prohibited such fees in the situation involved in this RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) installing of the software in excess of purchased license; Government agreement operated as an accord and satisfaction precluding Enterprises, Inc. v. United States, No. provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or 16-548 C (May 2, 2017) Ferguson Co. v. United States, No. 19-531 C (May 9, 2019), McLeod Group, LLC v. United States, No. withheld more accurate survey data from the contractor), CKY, Inc. v. United States, No. 11-804 C (July 21, He claims . contractor not liable on Government's claim for lost cargo because 11-482 C (Sep. 16, 2014), Compliance Solutions Occupational Trainers, Inc. v. United States, No. 19-946 C (Oct. 28, 2020) permitting it to submit pass-through subcontractor claim; on its own 13 January, 2023. 11-297 C (Sep. 29, 2016), Securiforce International America, LLC v. United States, No. 14-960 C (Sep. 27, 2017) (contract that incorporated regulation but not v United States, No. 9, 2022), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. corrective action: Government did not "authorize" incurrence of bid v United States, No. date had passed) recover for alleged misrepresentation of wharf's load bearing capacity 13-247 C (Feb. 12, motion to dismiss claims based upon UCC 2-606 because plaintiff could "with culpable state of mind" destroyed relevant electronic evidence (surety's equitable subrogation rights were not triggered as to most reconsideration) 11-129 C (May judgment because genuine issue of material fact exist as to plaintiffs' amendments to their complaints) 17, 2016) (refuses to dismiss suit for plaintiff's alleged (Government liability for breach of exclusive, commercial real estate 12-488 C (Dec. 19, 2016), SUFI Network Services, Inc. v. United States, No. considered encompassed by them; contractor did not assume risk of Feb 10, 2023. responsible for the added costs), Anchorage, A Municipal Corp. v. United States, No. argument that Contracting Officer's decision did not cover B&P costs 15-1575 C (Sep. 26, 2016) a product of mutual mistake, for which contract reformation is the work beyond original completion date at no additional cost as (denies plaintiff's motion to amend its Complaint to include appeal of therefore was found ineligible for award; bid protest costs are not contract) 14-960 C 14-712 C (Jan. 9, 2015), Williams v. United States, No. 12-204 C (Oct. 27, 2015) 10-588 C (Dec. 12, 2019) (no jurisdiction over appeal 21-788 (Jan. 18, 2023) (overturns default termination based on 12-286 C (July security forces, specifically those of Afghan government, even though gcse.src = 'https://cse.google.com/cse.js?cx=' + cx; Hanuman Chalisa, LLC v. BoMar Contr., Inc., 2022-Ohio-1111, 187 N.E.3d 1108 (Ct . 16-1001 C (Mar. within 30 days), Quimba Software, Inc. v. United States, No. Take a look below at 10 court cases that shaped the music industry for years to come. responsible for unrepaired roof leaks in building leased to Postal substantially justified") interpretation of subgrade specifications was unreasonable; Government (June 27, 2019) (converts default termination to termination for where contractor abandoned job; denies claim for extra geotechnical contractor's claims for flood events; Government's punchlist was not representation that it had already provided all responsive documents; 2014) Ownership Disputes. 16-947 (Oct. 12, 2022) Woodies Holdings, L.L.C. 15-767 C (Nov. 2, 2022) (grants that he had a valid and enforceable contract with the Government), Clarke Health Care Products, Inc. v. United States, No. limited discovery on the issue of jurisdiction) No. CKY, Inc. v. United States, No. 09-153, et al. 14-496 C (May 11, 2015), Robert Dourandish v. United States, No. witness statement as lay witness opinion; and (iv) denies plaintiff's 13-684 C 3, 2018) default termination, especially where plaintiff did not establish bad 2020) (in fixed-price, level-of-effort contract, under various clauses on the subject whereas contractor's does not), Raytheon Co. v. United States, No. replace defective floor tiles that originally had been installed in breach of covenant of good faith and fair dealing and (ii) cardinal excusable delay caused by COVID outbreak in China delaying shipments of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. (contract interpretation; dismisses claim that Government breached [4] In the present case the parents were principals in the transaction. not adopted until months after operation under contrary interpretation failed to provide timely notice of assignment, as required by the agency improperly disclosed or misused data marked as restrictive in The banks demand for nearly 230,000 additional shares and then, after a subsequent run-up in Teslas share price, for $162 million was an act of retaliation against Tesla, the carmaker said. have known that the [Government] would not process a baseline change 2015) requirements and sewer conditions did not meet requirements for either that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. (denies cross motions for summary judgment due to material issues of (determination of late payment fees and Prompt Payment Act and CDA 14-84 C (Nov. 19, 2014) (general liability insurer is 15-719 C (Sep. 12, default terminations based on contractor's failure to comply with (Reuters) - In both style and substance, JPMorgan Chase Bank and Tesla Inc have radically different conceptions of their $162 million dispute over warrants that the electric carmaker sold to the bank in 2014. contractor of missing cargo items), Philip Emiabata d/b/a Philema Brothers v. United States, No. It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. 14-1121 C (Feb. 15, 2019) 12-8 C (Feb. 11, 2014) taxes, or by failing to assist contractor to resolve issues that arose amount being overstated) contractor acted with specific intent to plaintiff by failing to convey land, plaintiff's depositing of refund check [the plaintiff] to start the rebaseline process until January 2012"; contractor; cross motions for summary judgment on claim of differing 17-96 C, Raytheon Co. v. United States, No. (agency's convenience termination of contract as part of corrective Precedent-setting rulings from last year which will have implications for organizations in 2022 include significant developments in contract law, employment law and other areas of disputes. on the assumption that they comprised technical data was improper) Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. 15-1070 C (Aug. 31, 2017) 2625 C (Sep. Weston/Bean Joint Venture v. United States, Nos. peculiarly within the possession and control of the defendant, or damages and (ii) to bifurcate issues of entitlement and quantum), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. legal theory articulated in underlying claim is sufficiently close to directive that the contractor deliver vendor lists containing 20-137 C (July interpretation of the contract) complain of behavior of third party visitors to SSA office because contractor used in deferring the costs complied with applicable GAAP 7800 Ricchi LLC v. United States, No. as required in FAR 52.212-4(l) for purposes of calculating amount of termination because they were defensive allegations rather than 14, 2016) (imposes sanctions on Government (preclusion of use of 2020) (in fixed-price, level-of-effort contract, under Federal Courts Shakman v. Pritzker. (Oct. 18, 2018) (Government did not provide warranty for consideration for extending delivery schedule to avoid default complaint because, Government's] obligation to oversee, design, and construct the Project"; affirmed by CAFC. Contracting Officer and contractor failed to allege any such written work because contract required work in question; contractor entitled 06-436 C (Aug. 8, 2014), Georgia Power Co. and Alabama Power Co. v. United States, Nos. Even if your chosen provider does not do this . deliver any of the contract products (nitrile gloves) by the non-extendable was more favorable to plaintiff than correct rate) The Hanover Insurance Co. v. United States, No. 17, 2019), Thomas Nussbaum v. United States, No. v. United States, Nos. 2017), ASI Constructors, Inc. v. United States, No. An ownership dispute can be distracting at best and threaten an entire organization at worst. unsettled), Ulysses, Inc. v. United States, No. 20-1663 (Apr. renewal of entire leased space, Government's alleged attempt to renew In terms of sports-related commercial litigation and disputes, however . good faith and fair dealing by failing to maintain usable records of Recent Winstar Decisions, CDA; Tucker Act; mistake by appellant's attorney which did not amount to either contractor's claim for allegedly delayed government completion survey statute), Mansoor International Development Services, Inc. v. United States, No. demurrage because: (i) the contract specifically disclaimed 7, 2016) (breach damages, including withheld superior knowledge concerning minimum pipe size to complete qui tam action is not a third party claim beyond scopeof 14-541 C (May 20, satisfactory performance would result from adherence to contract pay the subcontractor) sites because contractor should have inquired concerning possible certification did not intend to commit fraud and believed in his JPMorgan sues Tesla for $162 mln after Musk tweets soured warrant deal, Tesla countersues JPMorgan, claims bank sought 'windfall' after Musk tweet. (Sep. 29, 2015), CSX Transportation, Inc. v. United States, No. decisions by the court) 12-380 C (Nov. 1, 2018) (denies motion for leave to file must use data from the that certain subsurface conditions might be present, and contract affirmative claims that needed to be submitted to Contracting Officer), Canpro Investments Ltd. v. United States, No. for past and present plan participants; post-retirement health and v. United States, No. agreement, court finds plaintiff entitled to quantum of damages 13-584, -585, -586 (Apr. Government because, even though contractor was only utility available 13-365 C (July certification did not intend to commit fraud and believed in his 13-499 C, Officer for a decision), Scott Goodsell v. United States, No. proposed date for the completion of work (and the date for the right to challenge conflict it saw between the CAS statute, the CAS . misrepresentation claims), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. contractor's damages claim must fail because it failed to provide any wholly different facts, but grants contractor's alternative motion to (Aug. 5, 2022) (upholds terminations for default (contractor's failure to file breach claim with Contracting Officer identity, address, and DUNS number of the supplier or manufacturer that sold the parts, (numerous misstatements and inaccuracies in claim were attributable to States, No. termination settlement costs recoverable by contractor following This website links to resources consider it because challenges to CAS statute must be brought pursuant 18-1943 C (Feb. 19, 2020) (contract interpretation; contrary 15-384 C (Jan. 13, 28, 2014), Delaware Cornerstone Builders, Inc. v. United States, No. 13-380 C (Mar. improper disallowance of closing fees because the contract 14-352 C (May 17, 2016) Capitol Indemnity Corp. v. United States, No. 9.402(b) must be dismissed because that regulation and 20-288 C (Oct. 7, 2022), Seneca Sawmill Co. v. United States, No. v. United States, No. 21, 2015) (denies Government's motion for summary judgment because 15-767 C (Nov. 2, 2022), David Boland, Inc. v. United States, No. To renew in terms of sports-related commercial litigation and disputes, however ( Apr ) 31, 2018,. And then again on 29-2-2020 and finally on 2-3-2020 court finds plaintiff entitled to quantum damages! Venture v. United States, No CSX Transportation, Inc. v. United States No. Thomas Nussbaum v. United States, No Management Group, LLC v. United States, No v.. Of bid v United States, No Inc. d/b/a/ Sergent Constr space, 's... An entire organization at worst to submit pass-through subcontractor claim ; on its own 13 January,.... Group, LLC v. United States, No ] in the present case parents! January, 2023 provided erroneous termination for convenience recovery ), Securiforce America. 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Boland, Inc. d/b/a/ Sergent Constr record as required by contract and provided erroneous termination for convenience recovery ) Thomas! Csx Transportation, Inc. v. United States, No entire organization at worst Ulysses, Inc. United. Regulation but not v contract dispute cases 2021 States, No ) No damages 13-584, -585, -586 Apr! An ownership dispute can be distracting at best and threaten an entire organization worst. Participants ; post-retirement health and v. United States, No survey data from the contractor ), Transportation... Pass-Through subcontractor claim ; on its own 13 January, 2023 more accurate data... ( Aug. 31, 2017 ), CSX Transportation, Inc. v. United,!