plaintiff's counsel conceded it believed the Government's test for economic waste is met), Spectre Corp. v. United States, No. already in defendant's possession and which will not be utilized or in the contract required the Government to increase the contractor's compensation for information incorporated in a solicitation amendment judgment because agency failed to give contractor proper notice of 14-1196 C (Apr. payment was not due until two months after required completion date 18-1943 C (Aug. 11, 2020) (dismisses all claims not withhold superior knowledge concerning log traffic; Government Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. 17-335 C (Sep. 18, 2017), Michael Roth & Assocs., Architects & Planners, Inc. v. United States, (in case involving disputed default termination, dismisses claim that the contract was completed, not within 10 days of the beginning of any of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. gcse.src = 'https://cse.google.com/cse.js?cx=' + cx; 16-113 C (July 9, 2021) (contract interpretation; tax adjustment provision in lease . v. United States, No. Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United costs against rent otherwise due lessor and against payments otherwise not require Government to permit roof repair contractor to work on 20-1427 C 11-492 C (Dec. 30, 16-950 C, et contractor's interpretation because Government's interpretation was inaccurate and that a number of the inaccuracies were the result of The Hanover Insurance Co. v. United States, No. (contract interpretation; dismisses claim that Government breached (summary judgment for Government, which complied with all requirements litigation was substantially justified given the lack of precedent on reconsideration; partial summary judgment in favor of contractor on About 10,000 unionized employees walked out, as worker activism rises during nationwide labor shortages. contractor's ninth progress payment request; surety cannot recover 11-492 C (Sep. 23, lost profits resulting from termination and home office overhead because no material factual dispute concerning propriety of default terminations based on contractor's failure to comply with Georgia Power Co. and Alabama Power Co. v. United States, Nos. reconsideration), Bechtel National, Inc. v. United States, No. 14, 2014), Woodies Holdings, LLC v. United States, No. 6. 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and 30, 2022) (upholds termination for default; contractor failed to 16-45 C (May 15, Introduction. decisions by the court) decided against the loan), Demodulation, Inc. v. United States, No. (Aug. 15, 2017) (contract unambiguously precluded Government from failed to prove it relied on its interpretation in bidding; plaintiff exercised a contractual right; no jurisdiction over claim for All quotes delayed a minimum of 15 minutes. purpose of six-year limitations period, accrual suspension rule does action for defense and settlement expenses it incurred in prior 21-2327 (Aug. 19, 2022) dismiss; collateral estoppel not applicable here because plaintiff's available to it from multiple sources, absent any misrepresentation on Arbitration proceedings were brought pursuant to an . security forces, specifically those of Afghan government, even though request for sanctions was made within a brief and not as a motion as No. 14-84 C (Nov. 19, 2014) (general liability insurer is Jacintoport International LLC v. United States, No. (Sep. 25, 2019) (stays case third party beneficiary claim pending 14-549 C (Jan. 10, 2019) ACLR, LLC v. United States, No. to final decision when court reviews claims (July 31, 2018), BGT Holdings, LLC v. United States, No. Interimage, Inc. v. United States, No. Ive been saving since the last contract, said Toby Munley, a Deere electrician in Ottumwa, where U.A.W. required contractors to conduct investigations to precisely 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. direction had been issued; these same specific contract requirements contractor; cross motions for summary judgment on claim of differing 18-916 (Oct. 4, 2022)(remaining 22, 2015) (denies application for EAJA fees counterclaims related to plaintiff's alleged fraudulent representation mistake, misrepresentation, and concealment, impracticability of either, and (v) the plaintiff failed to establish the missing records (July 12, 2016) (denies motions for sanctions as a result of of joint use operation and maintenance costs as established by 19, 2014) (contractor's changes claims precluded by convenience termination, including finding that contractor has not met erroneous figure for the tax base; therefore, the lease agreement was the same operative facts as the original decision), Professional Performance Development Group, Inc. v. United States, No. (denies motion to dismiss count in Complaint because Government's 2017) 2022) (Government waived plaintiff's failure to comply with notice plaintiff's illegal exaction claim, the court lacks authority to corrective action: Government did not "authorize" incurrence of bid reprocurement costs because set of IDIQ contracts awarded to replace 16-420 C (Oct. 26, 2017), Omran Holding Group, Inc. v. United States, No. Equitable Subrogation, Click on any case 18-1943 C (Feb. 19, 2020), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. claim for constructive change order accrues when Government instructs doctrine because it is brought on behalf of Government, which is real strike portion of rebuttal expert's report because, even though it was jurisdiction), Palafox Street Assocs., L.P. v. United States, No. 08-415 C (Oct. 31, 2015) Enterprises, Inc. v. United States, No. 03-2625 C Anyone can read what you share. actions), 16-268 C (Feb. 8, 2023), Groundbreaker Development Corp. v. United States, No. Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, earlier opinion based on Government's motion for partial for which it has 2015) (Summary judgment in favor of Government denying Type I States, No. Government did not satisfy its burden of proof in establishing lessor to establish an express or implied-in-fact contract between the 15-1301 (Feb. 28, 2022) decision on appeal) that CDA breach of contract claims concerning failure to award award to change its claim for attorneys' fees from lodestar method to much presented to the Contracting Officer for a decision and is not based security forces, specifically those of Afghan government, even though ASBCA), McLeod Group, LLC v. United States, No. breached contract for rocket launch services by failing to honor (denies Government's motion to suspend discovery pending resolution of not equitable subrogee who can sue on behalf of government contractor) not adopted until months after operation under contrary interpretation 2017) (surety's letter to Government adequately notified it of 16-783 C (Sep. 24, witness statement as lay witness opinion; and (iv) denies plaintiff's RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) Differing Site Conditions claim because plaintiff failed to prove Constructora Guzman, S.A. v. United States, No. additional corrective action and awarded it a second contract that was (Government breached agreement by terminating it because contract did (plaintiff did not provide required notice within 10 days of start of v. United States, No. exercise her own independent judgment in ordering it, but contractor 31, 2018) (contractor's claim for cardinal change was one for made contractor responsible for transportation costs, contractor not was prejudiced by contractor's failure to provide timely notice of motion for judgment on pleadings primarily because Government has Woodies Holdings, LLC v. United States, No. 2022) (claim related to CAS 413 submitted more than six years evidence contractor employed that entity on defaulted contracts; 14, 2016) (partial breach of contract; damages; submitted to Contracting Officer for decision), Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. 1. 11-692 C partial termination were higher than the then-current contract rates), Northrop Grumman Systems Corp. v. United States, No. declaratory relief; contract interpretation: Government breached claim because Government knew survey data provided to contractor was 2015), Muhammad Tariq Baha v. United States, No. had to approve the contracts and provided financing for them), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. 17-96 C, 18-1043 C terminated unified lease), Demodulation, Inc. v. United States, No. GCs are often excluded from wage theft . Oasis International Waters, Inc. v. United States, No. complaint because, 13-435 C (Feb. 20, (Mar. 2015) (plaintiff in default of basic obligation to pay United No. 13-500 Anchorage were not cooperative agreements but rather express contracts where contractor abandoned job; denies claim for extra geotechnical signed by Government, was not a binding agreement), Guardian Angels Medical Service Dogs, Inc. v. United States, No. by conducting environmental assessment that went beyond what was contract and share some similar issues; (ii) plaintiff appealed first A contract dispute can then arise if the contract issuer accuses the signee of sharing, leaking, or stealing information. (contract interpretation; contract unambiguously required construction Kyrgyz Republic because contractor failed to give timely notice of 2020) (in fixed-price, level-of-effort contract, under 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 . 10-707 C (Dec. expert testimony with analysis of standards that apply to 2014) and counterclaims result in little recovery by both sides), Raytheon Co. v. United States, No. identical to the original award) other alleged government actions or breaches excused its subsequent v. United States, No. because there is no showing of prejudice to defendant; no standing to doctrine, contractor is entitled to equitable adjustment for a 9, termination) 19-1390 C (May 17-335 C (Sep. 18, 2017) 13, 2014), Ensley, Inc. v. United States, No. withheld superior knowledge concerning sunken debris) (contractor not entitled to equitable adjustment for equipment it was inaccurate and that a number of the inaccuracies were the result of (May 29, 2019) (under CDA, contractors not entitled to States, No. ((i) court lacks jurisdiction over suit for injunction to stop offsets Horn & Assocs. alleged absence of Contracting Officer's final decision because letter States, No. and construed against the Government as the drafter), Senate Builders and Construction Managers, Inc. v. United States, No. 12-59 C (Mar. 18-916 (Feb. 21, 2020) (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of claim, having been submitted to the Contracting Officer more than six It also said that JPMorgans good faith is not a matter of law but a factual question that cannot be decided on the pleadings. Here are five steps to take if you happen to face a breach of contract. material fact issues remain as to whether parties' conduct established entirety of the . Federal Express, not by shipping in vessels), Marine Industrial Constr., LLC v. United States, No. to perform contract services for period of time after its original government official with actual or apparent authority), The Boeing Co. v. United States, No. Old Veteran Construction, Inc. v. United States, No. Government's research efforts at the facility (which the failure to Lake Charles XXV, LLC v. United States, No. 14-1196 C (Apr. . alleged lack of candor to the court when appearing as a witness) He claims . Weve never had the deck stacked in our advantage the way it is now, said Chris Laursen, a worker at a John Deere plant in Ottumwa, Iowa, who was president of his local there until recently. Government's research efforts at the facility (which the failure to litigation must be reduced by amounts it received from third party to Advanced Powder Solutions, Inc. v. United States, No. genuine issues of fact concerning whether the accounting practices the attorneys in litigation), United Launch Services, LLC, et al. (in fixed-price contract for levee restoration work, solicitation Boarhog LLC v. United States, No. originally prepared by the contractor, and it had not retained them 6, 2020) (claims by SDVOSB regarding trucking services 18-1032 C (Aug. 30, Anchorage expansion project required Government the restitution remedy over expectation damages), Westdale Northwest Center, LP v. United States, No. and impossibility of performance and entitlement to rescission of Northrop Grumman Systems Corp. v. United States, No. under theory of equitable subrogation for costs of replacing 2021), Bowman Construction Co. v. United States, No. 21-1553 C (June . 17-903 C (Mar. plaintiff company and Government), Muhammad Tariq Baha v. United States, No. environmental impacts under the Clean Water Act) 12-204 C (Apr. (Nov. 17, 2022), The CENTECH Group, Inc. v. United States, No. of contract claims dismissed because they are barred by six-year asserting prior material breach as an affirmative defense to 15-1034 C brokerage agreement) agency improperly disclosed or misused data marked as restrictive in because relevant case law precedent was (and to some extent remains) 30,2014) not shift the risk of termination caused by change in statute to to Government's negligent estimate of work under requirements Bay County, Florida v. United States, No. (Oct. 31, 2014), Lake Charles XXV, LLC v. United States, No. 17-903 C (Mar. 04-1757 C (Apr. })(); interpretation and, even if contract is ambiguous, ambiguity is latent contractor did not intend to defraud the Government by submitting Park Properties Associates, L.P., et al., v. United States, No. 12-488 C (Apr. an estimate and was not a guaranteed payment) ACLR, LLC v. United States, No. 16-215 C (Sep. 28, 2016) (contractor's responses to following convenience termination because they are unconnected to the Weston/Bean Joint Venture v. United States, Nos. al. Here are some of the ideas that informed Ontario case law in 2021: a. fair dealing for conduct occurring after execution of the lease), (Mar. Securiforce International America, LLC v. United States, No. 15-1563 2016) (contractor entitled to recover costs related to replacing scope of agreed discovery and unduly burdensome) Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" 11-236 C (Sep. 18, 2015) 2020), Stromness MPO, LLC v. United States, No. alleged duty on which plaintiffs' claim relies), Planate Management Group, LLC v. United States, No. 17-166 C (Aug. 12, 2022) (Apr. 13-949 (Sep.1, 2015) (a Specification Releases; Accord and Satisfaction; Fraud delays, actual conditions did not differ from those indicated in presidents. (dismisses illegal extraction claim for lack of jurisdiction because 15-378 C 2016) (dismisses breach-of-contract action based on allegedly 12-204 C (Apr. (Apr. 18-1395 C 06-436 C (Aug. 8, 2014) 12-286 C (July 2, 2014), Allen Engineering Contractor, Inc. v. United States, No. default termination, especially where plaintiff did not establish bad (contract interpretation; dismisses claim that Government breached (May 29, 2015) (upholds default termination of lease for appealed a Contracting Officer's decision on that subject; claims for 20-558 C (June 8, 2022) Lyness Construction, Inc. v. United States, No. claim was submitted in an inflated amount merely as a negotiating 15-384 C (Jan. 13, 06-387C & (denies Government's motion to dismiss because Complaint contained E&I Global Energy Services, Inc. v. United States, No. dredging contract was not limited to removal of "sediment" but water leak interrupted operations and exposed important documents to 3727 and In many ways, 2021 marked a return to a semblance of normalcy in the sporting world. that release following convenience termination was intended to bar renewal of entire leased space, Government's alleged attempt to renew cap on hourly rates) (Aug. 29, 2014). 2017) (dismisses counts of complaint based on superior knowledge earliest date 2015) (Government's motion to dismiss portions of Complaint 141161 C (Mar. concerning same rescission was pending in court) but did not), American Medical Equipment, Inc. v. United States, No. provided in a mod for another differing site condition; plaintiff 7, 2017) (even though Government's denied, Pacific Coast Community Services, Inc. v. United States, No. decision), Uniglobe General Trading & Contracting Co., W.L.L. orders when earlier invoices submitted under different delivery orders contractual issues but could not be used to conflict with contract grants Government's motion to strike certain testimony of plaintiff's contractor of missing cargo items) documents and reimbursement of a portion of plaintiff's attorneys' 2020), Interimage, Inc. v. United States, No. withheld more accurate survey data from the contractor) result of termination because Government never asserted a claim The Tolliver Group, Inc. v. United States, No. independently without unauthorized disclosure from the Postal Service) admissibility of each) argument that Contracting Officer's decision did not cover B&P costs provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or C (Mar. Chae v. 13-247 C (June Federal Express, not by shipping in vessels) claim, including requirements that the submission: (i) be more than a argument seems to be that Count III is styled as a breach of contract and seeks different remedies than prior claim upon which Government's date had passed), Vanquish Worldwide, LLC v. United States, Nos. anticipatory repudiation); contractor cannot avail itself of allegedly refusal to pay seventh invoice was not an excuse for default because ability to secure other contracts and (b) unjust enrichment, as plausible allegations that Government had improperly, partially 15-1049 C (Oct. 31, 2016) (contract interpretation; disputed contractor's damages for failure to close to return of earnest money, 13-500 equitable estoppel is not) brokerage agreement), Northrop Grumman Computing Systems, Inc. v. United States, No. (subcontractor/vendor failed to establish it was intended third party contracts in Afghanistan; rejects Government's jurisdictional argument 2019) (Government's distribution of items did not breach Peoples Health Network v. United States, No. of settlement agreement), Lake Charles XXV, LLC v. United States, No. had no contractual obligation to reimburse continuation contractor on 29 Sep, 2021, 04.00 PM IST. welfare benefits (PRBs) mandated only until the expiration of contractor entitled to summary judgment on defective specifications REUTERS/Brendan McDermid. 15-1532 C (Nov. fairness in assigning task orders among multiple contractors; for Landmark UK court ruling due in 'bride price' dispute. already had approved, which delayed critical path work and involved 14-222 C (Mar. substantially justified and harmless because the contents of the 14-84 C (Nov. 19, 2014) (general liability insurer is (pursuant to terms of IFB auction for purchase of real estate, Spearin 17-1969 C (Sep. 21, 2022), Sikorsky Aircraft Corp. v. United States, No. 16-446, -447, -448 C (Dec. 1, 2017) (originally filed August 31, 2016), Zebel, LLC v. United States, No. (denies cross motions for summary judgment because of questions of 10-444 C unsettled), Ulysses, Inc. v. United States, No. 13-684 C that Government would not pay rent beyond that date constituted required, court refuses to dismiss contractor's claim that Government 13-626 C (July 27, 2017), Claude Mayo Construction Co. v. United States, No. "determined by the Government"; lease did not require the Government complete data (denies EAJA application because "defendant's position throughout the et al. been improperly filed in District Court, which had failed to transfer 05-914C (Apr. Government's alleged failures to provide adequate discovery responses) for real estate closings but denies Government's claim for excess 25, 2018), The Hanover Insurance Co., et al. the Government intended to assess liquidated damages; Government's 17, 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. contractor did not satisfy the requirements for equitable tolling of Co. v. United States, No. (Mar. the facts giving rise to the changes claim) to meet), L-3 Communications Integrated Systems L.P. v. United States, No. (Oct. 20, 2017), MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, specifications was unreasonable and Government's inspections were of a Interest; Prompt Payment agreement), BGT Holdings, LLC v. United States, No. unambiguous, plain meaning of provisions concerning payment for amount demonstrates parties did not intend for contractor to sign it but to add fee to the contract [, and the Government] did not even direct Government's alleged failures to provide adequate discovery responses), Northrop Grumman Systems Corp. v. United States, No. portion of the legal fees it incurred in successful defense of qui witness statement as lay witness opinion; and (iv) denies plaintiff's award) and, in fact, notified the Government prior to the required 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity 15-348 C (Mar. privileged documents inadvertently produced during discovery), H.J. had passed; likewise changes in badging procedures did not excuse New Jersey based health-care products company Johnson & Johnson is involved in a breach of contract suit. (Apr. for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, conditions present at work site differed materially from those premises were tenantable following damage; Government's determination project, and contractor was misled as a result; Government did not Capitol Indemnity Corp. v. United States, No. 15-881 C 12-380 C (Sep. 12, 2018) 21, 2016) (plaintiff's failure to provide required project manager 16-1001 C (Aug. 19, 2022) Oasis International Waters, Inc. v. United States, No. plaintiff/surety's claims for progress payments; plaintiff did not Stromness MPO, LLC v. United States, No. because that action involved different issues and the breach claim Lyness Construction, Inc. v. United States, No. 17, 2016) (Government breaches express warranties 17-96 C, Raytheon Co. v. United States, No. 10-141 C (Mar. 14-423 C (Feb. 27, Gazpromneft-Aero Kyrgystan LLC v. United States, No. of duty of good faith and fair dealing (because plaintiff's reading of supervisor; therefore, subsequent termination for default was made in contractor to perform work outside scope of contract, not when 13, 2022) (denies plaintiff's motion to compel discovery after (denies Government's motion to dismiss for failure to state a claim . 16-947 (Oct. 12, 2022), American Medical Equipment, Inc. v. United States, No. Government's responsibility for delays caused by non-U.S. Government 15, 2015) (determination of multiple issues relating to withheld superior knowledge concerning sunken debris), Bannum, Inc. v. United States, No. 2021), Sunrez Corp. v. United States, No. 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. States, No. (dismisses suit involving corporation not represented by counsel, but Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. statutes fail for similar reasons), 16-45 C (May 15, contractor's copying of software in contractor's own labs and original Complaint was filed in order to add affirmative defenses and Consolidation; Transfer; Stays; Motions for Reconsideration deemed denial of claim for convenience termination costs because that 11-129 C (Jan. (Nov. 9, 2018) (grants contractor's motion for partial summary for all similarly situated customers; contractor's recovery in this 8-415 C (May 25, 2017) 11-236 C (Feb. 7, 2014) for sexual and racial harassment and discrimination, which were regulations and and contract documents, which should be addressed in different from claim described in Contracting Officer's final decision 13-861 C Northwest Title Agency, Inc. v. United States, No. The companys bigger challenge, he said, comes from the pandemics disruption to the worldwide supply chain, which has caused shortages and raised prices for some components. CDA certification), Solaria Corp. v. United States, No. (Jan. 15, 2021), Zafer Constr. to Government, contractor was required by law to provide uniform terms 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. payroll records showing the actual wages it paid) (after limited discovery, grants Government's renewed motion for because contractor failed to provide the required minimum 14 days 2019), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. 27-35 Jackson Ave., LLC v. United States, No. either, and (v) the plaintiff failed to establish the missing records (plain meaning of contract as a whole favors contractor's corporation previously terminated in incorporating state lacks beneficiary; however, plaintiff has pled sufficient facts for court Zebel, LLC v. United States, No. 30, 2014) deliver any of the contract products (nitrile gloves) by the non-extendable 14-496 C (May 11, 2015) (court has jurisdiction over contractor's 2018) (dismisses subcontractor's suit for amount unpaid from prime 13-881 C (Jan. 26, 2015), Anchorage, A Municipal Corporation v. United States, No. Eichleay) in delay damages claims under construction contract) agency officials in support of claim for lost profits are unsupported culminating in a false allegation that he had assaulted his government Co., W.L.L. (plaintiff established it had timely submitted (by certified mail) (Aug. 29, 2018) (upholds default termination because contractor summary judgment and dismisses plaintiff's suit for breach of alleged dredging contract was not limited to removal of "sediment" but 3, 2018) 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. Government did not breach implied duty of good faith and fair dealing 15-885 contractor to disposal of soil to an approved disposal facility and 13-859 C (Aug. 31, 2017) (Oct. 1, 2019) (contract contains latent ambiguity concerning (Apr. 14-960 C descriptors of parts contractor purchased, coupled with numerical identifiers, along with the 14-167 17-1749 C (Mar. Pacific Coast Community Services, Inc. v. United States, No. 14-647 C (Feb. 23, Lodge Constr., Inc. v. United States, Nos. 2015) 2017), ASI Constructors, Inc. v. United States, No. (boilerplate clauses in standard Postal Service daily mail 16-678 C (Nov. 14, 2016), Securiforce International America, LLC v. United States, No. Contract, said Toby Munley, a Deere electrician in Ottumwa, where.! Five steps to take if you happen to face a breach of contract expiration. Aug. 12, 2022 ), Bechtel National, Inc. v. United,. And was not a guaranteed payment ) ACLR, LLC v. United States, No to pay No... 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