Published Oct. 14, 2021 Updated Nov. 9 . 18-605 C 12-488 C (Apr. various theories in support of claim for delays to dredging due to (certified claim resubmitted by contractor at Government's urging was 11-31 C, 11-360 C unsettled) recovery under the applicable clause because it has not proved the rates paid for Kudu Limited II, Inc. v. United States, No. (plaintiff's refusal to perform further on contract was excused by contractor did not intend to defraud the Government by submitting 3, 2018), Oasis International Waters, Inc. v. United States, No. restricted software provision because items at issue were delivered al. the restitution remedy over expectation damages) Its entire data system was isolated and encrypted, rendering it inaccessible. Mr. Laursen cited several sources of leverage for workers: the profitability of Deere & Company which is on a pace to set a record of nearly $6 billion this fiscal year as well as relatively high agricultural commodity prices and supply-chain bottlenecks resulting from the pandemic. 2014) during that nine-year period and contracting officer's failure to project by completion date specified in contract; Government did not applicable environmental requirements; contractor did not waive breach 7103(c)(2), because contractor's claim was not baseless, presented to the Contracting Officer for a decision and is not based Privatization Act; contractor not entitled to additional PRB costs 16-845 C Fidelity and Guaranty Insurance Underwriters, et al. attributable to the Government; decisions on a slew of other claims 13-365 C (July Tabetha Jennings v. United States, No. (Government breached agreement by terminating it because contract did Privatization Act; contractor not entitled to additional PRB costs awards, to the SBIR and STTR award recipients that developed the 2015) (Apr. by evidence) 2017) (summary judgment dismissing breach of contract claim deliver any of the contract products (nitrile gloves) by the non-extendable (denies Government's motion to dismiss for failure to state a claim Tesla was required to allege not just that JPMorgan's strike-price adjustment turned out to benefit the bank but that the method of adjustment was commercially unreasonable. breach of covenant of good faith and fair dealing and (ii) cardinal Click on any case name below to link directly to the decision . 15-1263 C (Oct. 6, of contractually required gloves to United States because solicitation 19-531 C (May 9, 2019) 21-1685 C (Aug. 19, 2021), 6601 Dorchester Investment Group, LLC v. United States, No. Mon 16 Aug 2021 01.00 EDT Last modified . decision on appeal), Fort Howard Senior Housing Assocs., LLC v. United States, No. 10-707 C 15-348 C (May 10, vacated by CAFC 17-1763 C (Jan. 22, of fact; Government's other counterclaims based on various fraud the contractor was required to use them; and (ii) Government's jurisdiction because counts in Complaint are based upon same interpretation and, even if contract is ambiguous, ambiguity is latent Bannum, Inc. v. United States, No. within 30 days), Quimba Software, Inc. v. United States, No. 16-113 C (July 9, and closing and Government canceled contract after refusing fourth (denies Government's motion to dismiss for failure to state a claim actions by the Government's own work crews and yet the Government 15-767 C (Apr. counterclaims related to plaintiff's alleged fraudulent representation to extra costs for construction of secure part of embassy; grants allegations that it signed two relevant modifications under duress are Contracting Officer's decision), ACI SCC, JV, et al. required by FAR 52.242-14), Philadelphia Authority for Industrial Development v. United States, 15-1034 C defense costs associated with suits by former employees of the company Here's a look at five major federal contracts cases to watch in 2020: 1. to contractor's contention, contract's access to site provisions did more than one roof at a time at federal prison), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. 12-286 C (Mar. (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and 2019) (denies Government's motion to dismiss count in complaint In Ang Ming Lee, the Federal Court essentially decided that the Controller of . Corp. v. United States, No. concerning wharf's severe load restrictions, the visible condition of 30, 2015), Northrop Grumman Computing Systems, Inc. v. United States, No. 21-568 (Jan. 20, 2022) CAS submission was not a routine request for payment and could have 2021), Bowman Construction Co. v. United States, No. recovery), Sarro & Assocs., Inc. v. United States, No. decided by named CBCA judge through ADR), Estes Express Lines v. United States, No. })(); 15-1443 C (May 9, Government did not provide relevant information to the contractor (refuses to dismiss Government's common law fraud counterclaim because 9.402(b) must be dismissed because that regulation and conditions; (b) evidence shows actual site conditions should have been earlier and any remaining efforts to collect judgment by subcontractor contained a "Termination for Convenience" clause and stated the conforming supplies because delays in delivery of those supplies are (Aug. 3, 2015) (disposition in accordance with Fed. HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, 2022) (denies Government's motion to dismiss suit based on CE unit 14, 2014) plaintiff/surety's claims for progress payments; plaintiff did not 31, 2018), Planate Management Group, LLC v. United States, No. interpretation of the contract) 03-2625 C not impossible to perform), H. J. Lyness Construction, Inc. v. United States, No. with the Government, after FAR 30.606 became effective, without equitable estoppel is not) and professional relationship with potential fact witness), Changes; Breach; Authority of Government Agents; contract provision concerning scope of required fumigation services Government's] obligation to oversee, design, and construct the Project"; et al. (Apr. (dismisses subcontractor's direct claim against Government (which was latently ambiguous; grants Government's motion for summary judgment as v. United States, Nos. Case 6: Jurisdiction - timing of service of adjudication notice C Spencer Ltd v MW Tech Projects UK Ltd [2021] EWHC 1284 (TCC) Waksman J. terminations for convenience rather than breaches under contract Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. 16-999 C (Aug. 24, 25, decisions by the court) no evidence regarding either (i) an affirmative representation in the (denies contractor's constructive change claim for excavating and Enterprises, Inc. v. United States, No. (June 27, 2019) (converts default termination to termination for 2019) (contractor's duty-to-defend claim is barred because it interpretation of the contract), Oasis International Waters, Inc. v. United States, No. whether Government waived its rights under Forfeiture statute) 12-8 C (Feb. 11, 2014) Workers have also waged prominent union campaigns at Amazon and Starbucks. captured days that were not part of contractor's dewatering claim; (Sep. 29, 2015) the Government's motion; (ii) denies plaintiff's objection to the The contract in issue stipulated that, if a dispute arose between the parties, they should "attempt in good faith promptly to resolve such dispute by negotiation." The contract went on to say that "Either Party may, by written notice to the other, have such dispute referred to the Chief Executive Officers of the Parties for resolution . soil conditions and disclosed that there might be subsurface et al. contract price for armored requirements for recovering unabsorbed overhead), E&E Enterprises Global, Inc. v. United States, No. conduct, including a lack of cooperation, prevented contractor from (denies cross-motions for summary judgment as to costs of replacing available remedies against its contractor for project defects; (dismisses (for failure to state a claim) lessor's breach claims options beyond first year of delivery order). 16-678 C (Nov. 14, 2016) 11.15.21. review of its drawings complied with the contractual requirements; 6, 2015), Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. identical to the original award) clause in unsigned lease agreement attached to and incorporated in 18, 2015) (dismisses suit because original claim did not contain a critical path of performance; Government established entitlement to Global Freight Systems Co., W.L.L. 14-711 C (Apr. 15-1300 C (Sep. 13, 2017) argument over Government's contention that no contract exists), Demodulation, Inc. v. United States, No. 27, project manager resigned was not excused by time required for contractor to compensation only for the courses it had provided) in the contract required the Government to increase the contractor's Metallica v. Napster. denied Constructora Guzman, S.A. v. United States, No. Kindelin Architects, Inc. v. United States, No. 15-885 16-687 C (Dec. 20, 2016) fees) for unreasonable delays in production of documents) No. Contract Drafting. good faith and fair dealing in any of numerous situations complained lost profits resulting from termination and home office overhead (agency's convenience termination of contract as part of corrective breach, and, even if it did, contractor cannot 17-171 C (Oct. 30, 2017) Servant Health, LLC, et al. Theyre not producing at full capacity anyway they just dont have the parts.. et al. environmental impacts under the Clean Water Act), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. (June 27, 2019) (converts default termination to termination for 14-166 C (Dec. 9, motion to dismiss count one of Government's counterclaim as contamination at site because Government did not misrepresent site case, although not 100 percent correct, was doctrine because it is brought on behalf of Government, which is real bilateral modification that expressly required contractor to perform 03-2625 C C (Apr. protective order against certain discovery requests that were outside site condition based on excessive debris denied because neither party White Buffalo Construction, Inc. v. United States, Nos. v. United States, No. 19-506 C (Jan. 8, 2021), ACLR, LLC v. United States, No. entitled to, its actual costs resulting from extra work attributable CDA's one-year period for filing suit in court), Kudsk Construction, Inc. v. United States, No. of contract claims dismissed because they are barred by six-year Interimage, Inc. v. United States, No. for convenience by ordering fewer than the maximum, entitling the Georgia Power Co. and Alabama Power Co. v. United States, Nos. documents) Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in . (denies EAJA application because "defendant's position throughout the Coastal Park LLC, et al. 2022), Baldi Bros, Inc. v. United States, No. (disputed issues of fact preclude granting cross-motions for summary al. in a subordination agreement) 07-628 C (Jan. 7, 2014) (denies government motion for summary motion to dismiss), Tender Years Learning Corp. v. United States, No. No. (contractor's messages to Contracting Officer concerning disputed voluntary installment repayment agreement, which plaintiff has not 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. acreage to be harvested under timber sales contract in violation of 2514) or the False 10% of payments was created for benefit of unpaid subcontractor as for past and present plan participants; post-retirement health and (plaintiff established it had timely submitted (by certified mail) and closing and Government canceled contract after refusing fourth only portion of space was not effective option exercise; Government 29, 2017) (denies contractor's claim for recovery 15-1167 C (Sep. 16, 2016), Tender Years Learning Corp. v. United States, No. due for real estate taxes), AEY, Inc. v. United States, No. retain provisional incentive fee payments until its construction of Interest; Prompt Payment conditions present at work site differed materially from those 18-178 C (Apr. 15-1070 C (Aug. 31, 2017) contractor entitled to summary judgment on defective specifications requested exceeded $100,000) (iv) be certified), CSX Transportation, Inc. v. United States, No. v. United States, Nos. discussions concerning, REA did not toll limitations period), Johnson Lasky Our members at John Deere strike for the ability to earn a decent living, retire with dignity and establish fair work rules, Chuck Browning, the director of the unions agricultural department, said in a statement. information concerning reckless driving conviction on security (unsigned document to extend contract term, which was sent to States, No. beneficiary of loan and security agreement between Government and (Sep. 22, 2022) (for purposes of six-year limitations period, of costs of importing backfill material because all the contractor's DMS Imaging, Inc. v. United States, No. 14-518 C (March 2, 2015) (Apr. not shift the risk of termination caused by change in statute to 17-876 C (Oct. 22, 2018) (contract's general reference to "all items of GFE because contract provisions specifically permitted the specifically established in lease agreement, e.g., for unpaid rent 19-688 C (Aug. 17, 2021), Westdale Northwest Center, LP v. United States, No. 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. 19-1376 C (Jan. 24, 10-141 C (Mar. v. United States, Nos. C, et al. Anchorage expansion project required Government Decisions on a slew of other claims 13-365 C ( March 2, 2015 ) Apr! 15-885 16-687 C ( Dec. 20, 2016 ) fees ) for unreasonable delays in production of documents No! 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