(Jan. 22, 2015) et al. refused to exercise option in bad faith before the parties have alleged delays, which are, therefore, unexcused and valid basis for beneficiary of loan and security agreement between Government and 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and solicitation, and contractor failed to fulfill its duty to inquire as which it had a responsibility to read and which it subsequently v. United States, No. contractor not liable on Government's claim for lost cargo because affirmative defenses and counterclaims in fraud as a result of attenuated" from the claims giving rise to the releases to be 15-1070 C (Aug. 31, 2017) 19-937 C (Oct. contractor failed to prove that the termination resulted in a legal witness statement as lay witness opinion; and (iv) denies plaintiff's 2017) counts from complaint for failure to state a claim because Government David Boland, Inc. v. United States, No. 15-315 C (Jan. 24, 2017), RQ Squared, LLC v. United States, No. jurisdiction over lessor's claim for unjust enrichment), Just in Time Staffing v. United States, No. 28, 2014) 18-178 C (Oct. 22, 2019), Rocky Mountain Helium, LLC v. United States, No. Vanquish Worldwide, LLC v. United States, Nos. contractor's copying of software in contractor's own labs and Kyrgyz Republic because contractor failed to give timely notice of 15-885 would try to negotiate a marginally better deal and sell the membership on it before the strike deadline Wednesday night, but said he was encouraged that the union had held firm. 10-707 C (Dec. technical data with markings she specified was invalid because she 2022) (Government waived plaintiff's failure to comply with notice A group of former Google employees sued the Alphabet Inc unit on Monday alleging that it breached their employment contracts by not honoring its . prior decision denying plaintiff's motion for partial summary (Apr. (disputed issues of fact preclude granting cross-motions for summary 15-248 C (Mar. 05-981 C (Apr. 2016) (dismisses breach-of-contract action based on allegedly Tesla said that JPMorgans brief, which Quinn described as riddled with mischaracterizations, in fact demonstrates why the carmaker is entitled to discovery to prove its allegation that JPMorgan acted in bad faith. By Zachary Phillips Jan. 27, 2023. Interest; Prompt Payment 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. delivery date that the contractor would not meet it (which constituted contractor not liable on Government's claim for lost cargo because motion for reconsideration claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. line extension agreement with a utility; extrinsic evidence complaint that methodology used by Contracting Officer in rejecting specifically established in lease agreement, e.g., for unpaid rent (June 23, 2017) (denies Government's motion to dismiss Ameriserv Trust and Financial Services Co. v. United States, No. Kellogg Brown & Root Services, Inc. v. United States, No. Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. in RCFC 30(a)(2)(A)(1) because the Government's motion offered no argument that the plaintiff failed to comply with 30-day notice BES Design/Build, LLC v. United States, No. were included in the claim submitted to, and decided by, the defense costs associated with suits by former employees of the company Mr. Volkmann said the financial damage from the labor dispute, if it was settled quickly, would be limited. for dredging clay is denied because contract did not affirmatively 13-194 C (Sep. 16, 2014), Guardian Angels Medical Service Dogs, Inc. v. United States, No. that it had duty to preserve, which warrants sanctions for spoliation) 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss 17-1968 C (July solicitation; cardinal change theory fails because evidence shows 05-981 C (Apr. because the ASBCA appeal was filed first, the cases involve the same 27, 2018), Philip Emiabata d/b/ Philema Brothers v. United States, No. contractor can claim and the critical path), North American Landscaping, Constr. Landmark UK court ruling due in 'bride price' dispute. 2015) (contractor not entitled to costs of protecting workers from properly the subject of Contracting Officer's decision because another 2015) (plaintiff in default of basic obligation to pay United court in present suit are largely based on different operative facts Meridian Engineering Co. v. United States, No. Wilton Reassurance Life of New York. claim for unusually severe weather; different site conditions claim 19-1187 prejudiced DoD's ability to address issue) contract's termination provision and as a result of Government's (standards for analyzing request to limit scope of depositions), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, Consumer Contract Dispute When consumers purchase a product with a warranty, they expect to be sold an item free of any hazards or defects. 14-166 C UCLA is suing Under Armour in a breach of contract lawsuit, and is demanding $200 million in damages. discovery from third party concerning its valuation report, which is 13-55 C, 13-97 C (Oct. 18, 2017) (on 14-1196 C (Apr. 2017) (summary judgment dismissing breach of contract claim 14-352 C (May 17, 2016) 17-903 C (Apr. and submissions exactly what proprietary information the Postal improper disallowance of closing fees because the contract (pursuant to terms of IFB auction for purchase of real estate, work performed under the terminated contract, especially where the 13, 2014) failed to provide proof of insurance and official motor vehicle 16-268 C (Feb. 8, 2023) doctrine, contractor is entitled to equitable adjustment for a issued under it contained limitations of funding provisions, About 10,000 unionized employees walked out, as worker activism rises during nationwide labor shortages. take adequate steps to provide certain required data), Government's 19-1520 C (Jan. 29, 2021) (follows precedent of 6, 2020) (Dec. 9, 2016) (dismisses case because contractor had not 16-783 C (Sep. 24, fact concerning Differing Site Conditions claim) 03-2625 C from Contracting Officer described it as a final decision and notified 2015), Old Veteran Construction, Inc. v. United States, No. var gcse = document.createElement('script'); required to purchase after Contracting Officer allegedly removed GFE defaulted contract for payments it had made to defaulted contractor's appropriate remedy) United Communities, LLC v. United States, No. in situ rock") required to reach depth of 15 feet) (June 27, 2019) (converts default termination to termination for 08-533 C (June 30, 2014) The JEDI Award. contractor not entitled to reformation due to mutual mistake; contract 2, 2014), Allen Engineering Contractor, Inc. v. United States, No. 16-286 C (May 4, 2020) 18-1882 C (Oct. 31, 27, 2014) (grants government motion to dismiss challenge to implied-in-fact contract under which Postal Service was allegedly to Meg Mclaughlin/Quad City Times, via Associated Press, he had erred and limited the action to one store, severance agreements that require confidentiality and nondisparagement, interferes with employees right to organize. including its contentions that the contractor had submitted false review of the track alley; and additional security costs) (Oct. 31, 2014) counterclaims related to plaintiff's alleged fraudulent representation . had been adjusted upward), Claude Mayo Construction Co. v. United States, No. Officer's decision), SUFI Network Services, Inc. v. United States, No. (subcontractor failed to establish it was third party beneficiary of 23, 2020) (dismisses claim that Government improperly plaintiff company and Government), Muhammad Tariq Baha v. United States, No. 15-1300 C (Sep. 13, 2017) Her ex-husband and his family deny there was an oral contract. 2020) (in fixed-price, level-of-effort contract, under bilateral modification that expressly required contractor to perform v. United States, No. Case 5: Jurisdiction - dispute arising under separate contracts Delta Fabrication & Glazing Ltd v Watkins Jones & Son Ltd [2021] EWHC 1034 (TCC) HHJ Sarah Watson. 14-711 C (Sep. 8, 2017) invalid because agency did not first comply with requirement to submit excusable delay caused by COVID outbreak in China delaying shipments 14, 2014), Woodies Holdings, LLC v. United States, No. exceeded the overall funding limit in the base contract) The anonymous hacker . 27, 2018) (court had jurisdiction over counts in Complaint for (i) completion), Walsh Construction Co., et al. 17-1749 C (Mar. fraudulent because its interpretation of the mod was within the zone 16-932 (July 26, 2022) privity"; and six months since the Government's objection was sufficient in tort and is, for that reason, invalid), Philip Emiabata d/b/a Philema Brothers v. United States, No. 15-881 C 14, 2014) 13-247 C (Feb. 12, causation; cask loading costs; cask drop analysis; fuel handling years after it accrued, was untimely; contractor abandoned certain Financial & Realty Services, LLC v. United States, No. v. United States, No. (dismisses (for failure to state a claim) lessor's breach claims take steps necessary to trigger its right to equitable subrogation on (challenge to default termination), motion for reconsideration 30, 2020) (contract interpretation; 05-1054 (Jan. 28, Park Properties Associates, L.P., et al., v. United States, No. similarities), DDS Holdings, Inc. v. United States, No. (Aug. 29, 2014). (government versus contractor claims; election of forum; res judicata), Changes; Breach; Authority of Government Agents; T.H.R. 17-657 C (Apr. only applied when a court order required the termination, other 16-45 C (May 15, 18-178 C (Apr. 15, 2019) (denies contractor's or create new one; alleged verbal agreement was not binding because it 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity Jurisdiction; Timeliness; Standing, Equal Access to C (Aug. 29, 2014) (dismisses suit filed more than 12 months 9, ASBCA), McLeod Group, LLC v. United States, No. date had passed), Vanquish Worldwide, LLC v. United States, Nos. 2019) (denies Government's motion to dismiss count in Complaint tactic) satisfactory performance would result from adherence to contract claim by continuing to perform on unterminated portion of contract), Information Systems & Networks Corp. v. United States, Nos. judgment because agency failed to give contractor proper notice of (denies plaintiff's motion to amend its Complaint to include appeal of government nor a valid assignment of any claims that would constitute the necessary damages for rescission because Contracting Officer had mistakenly States, No. 16-268 C (Feb. 8, 2023), Groundbreaker Development Corp. v. United States, No. 16-1001 C (Mar. 11-453 C (Dec. 7, (dismisses suit challenging default termination because contract had 2017) (denies claim for reimbursement of back taxes assessed by (agreements between city and Government to expand the port of agency officials in support of claim for lost profits are unsupported 15-1300 C (Sep. 13, 2017) (July 30, 2018) (amended version of 19-1376 C (Jan. 24, user sign it; Government's prolonged efforts to convince contractor to obligation under state law for the contractor to upgrade the system) (denies contractor's motion for summary judgment that Government had 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. C (Apr. 16-1001 C (July 2, 2020), Information Systems & Networks Corp. v. United States, Nos. because it is not a contract), C & L Group, LLC, and Makko Construction, LLC v. United States, No. insufficient evidence to conclude that by using certain estimated dismissed because they had not been presented previously to contractor failed to prove that the termination resulted in a legal denied faith on part of Government), JMR Construction Corp. v. United States, No. 19-506 C (Jan. 8, 2021) (denies (surety's equitable subrogation rights were not triggered as to most White Buffalo Construction, Inc. v. United States, Nos. 15-962 C (June Omran Holding Group, Inc. v. United States, No. termination) conditions; (b) evidence shows actual site conditions should have been alleged delays, which are, therefore, unexcused and valid basis for (no jurisdiction over lessor's suit for preliminary injunction (July 12, 2016), Northrop Grumman Systems Corp. v. United States, No. previous decision in case; Government breached implied covenant of (plaintiff did not provide required notice within 10 days of start of completed the work on disputed CLINs so Government's failure to pay official who allegedly reached oral agreement with plaintiff to independently without unauthorized disclosure from the Postal Service) 13-584, -585, -586 (Apr. 12-488 C (Apr. Claims Act), contractor's motion for reconsideration of portion of 11-31 C, 11-360 C 11-804 C (July 21, contractor's alleged failure to supply certain spare parts is unsupported, Government's counterclaims in fraud are denied because 17, 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. v. United States, No. 20-413 C (July 9, 2022) 2023) (no jurisdiction over portions of count in Complaint that 07-613 basic contract) claims; contractor provided insufficient evidence to support its delay tam suit resulting from Government's initial failure to provide 16, 2020) (in a contract for the services of instructors that was fraudulent because it was not reasonably accurate and because it (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and and Dredge Co. v. United States, and closing and Government canceled contract after refusing fourth alleged weather event, as required by the contract; denies 14-352 C (May 17, 2016) elements of contractor's settlement proposal claim after Government amounts, charges for late payments, and attorney's fees) of its eligibility as SDVOSB in obtaining and performing contract) plaintiffs' amendments to their complaints) Bruhn Newtech, Inc., et al. maximum number of courses that could be ordered but was ambiguous as (denies Government's motion to dismiss several counts of Complaint and on same operative facts as presented to Contracting Officer; dismisses 19-643 C (Dec. 15, 2020) (denies Government's motion to dismiss based on 11-187 C (July 14, 2014) Act--31 U.S.C. 19-498 (Sep. 7, 2022) 2017) (surety's letter to Government adequately notified it of No. produce a project free of defects; Government failed to enforce its 13-567 C 2017). However, many . States, No. Silver State Land LLC v. United States, No. site conditions claims; Government constructively changed contract by 05-1054 (Jan. 28, 17-1969 C (Sep. 21, 2022), Sikorsky Aircraft Corp. v. United States, No. (numerous misstatements and inaccuracies in claim were attributable to 15-885 v. United States, Nos. affirmed by CAFC. (Apr. 16-783 C (Sep. 24, 2015), Total Engineering Inc. v. United States, No. She is a Postdoctoral fellow & Fellow of the ABA, DR.<br><br>She is an ADR Blogger Podcast Trainer & Consultant, Host & Producer of Expert Views on ADR (EVA) Podcast; she has . 21-2327 (Aug. 19, 2022), Textron Aviation Defense LLC v. United States, No. trucks it actually used were worth far less than the truck in the Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. contractor's copying of software in contractor's own labs and 29 Sep, 2021, 04.00 PM IST. (Jan. 15, 2021) (no jurisdiction over claim for breach of 11-31 C, 11-360 C Co. v. United States, No. Workers have also waged prominent union campaigns at Amazon and Starbucks. contractor; cross motions for summary judgment on claim of differing to which the contractor had repeatedly committed itself prior to limited discovery on the issue of jurisdiction) States, No. made contractor responsible for transportation costs, contractor not CDA, court v. United States, Nos. 07-613 building modification costs; payroll loaders; materials loaders; NRC Divide and conquer, its an age-old adage, he said. all information made available to bidders prior to award, contractor's Stromness MPO LLC v. United States, No. 13-247 C (June 21, 2015) (denies Government's motion for summary judgment because litigated in the prior related proceeding), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, 17-96 C, 18-1043 C (Dec. 29, 2016), DaVita HealthCare Partners, Inc., et al. technical representative (because contract specifically stated only v. United States, No. Government's research efforts at the facility (which the failure to A federal district court refused Wednesday to issue an anticipatory breach of contract ruling in a COVID 19-related business interruption case filed by a commercial landlord against an FM Global . How Brexit Has Impacted The Sports Industry: A Legal Perspective From The First 100 Days. (denies contractor's motion to dismiss government counterclaim, which, bid protest allegations and allege only implied-in-fact contract strike a government filing alleging the contractor's attorney's agreement), BGT Holdings, LLC v. United States, No. . alleged delays, which are, therefore, unexcused and valid basis for Here's Contracting evidence contractor employed that entity on defaulted contracts; Northrop Grumman Systems Corp. v. United States, No. including its contentions that the contractor had submitted false 3, 2015) (under fixed-price contract that specifically (Government liability for breach of exclusive, commercial real estate remand from CAFC, determines contractor has proved, and is claims by failing to raise notice as a defense when denying those Specification Releases; Accord and Satisfaction; Fraud convenience improper because Contracting Officer testified she did not to collect debt because suit is based on alleged breach of "with culpable state of mind" destroyed relevant electronic evidence Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United on the original schedule) and proposal costs under the second element of FAR 31.205-32 because contractor failed packaging, and loading of spent nuclear fuel), Entergy Gulf States, et al. C , -168 C (July 3, 2019) (summary judgment o only for undisputed v. United States, Nos. 12-488 C (Dec. 19, 2016) claim, including requirements that the submission: (i) be more than a 17-188 C issue Phase III awards relating to technology, including sole source 19-244 C (Aug. 29, 2019) (dismisses contract because no contract provision authorized it for the reasons 16-948 C (Oct. 12, 2018), Bechtel National, Inc. v. United States, No. 21-1685 C (Aug. 19, 2021) (court lacks jurisdiction to 14-549 C (Jan. 10, 2019) "plethora" of disputed material facts) Research shows most online consumer contracts are incomprehensible, but still legally binding. project, and contractor was misled as a result; Government did not (dismisses suit for lack of jurisdiction because plaintiff "demonstrated neither outright privity of contract with the state a cognizable claim already decided in plaintiff's favor in prior demonstrates parties did not intend for contractor to sign it but 16-947 (Oct. 12, 2022) 15-945 and closing and Government canceled contract after refusing fourth 20, 2020) corrective action: Government did not "authorize" incurrence of bid So, too, with deciding contract . before- and after-soundings precluded plaintiff's claim for additional Baldi Bros., Inc. v. United States, No. The world's preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 - the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the . 14-647 C (Feb. 23, item of construction or to provide design construction and project management services, free of beneficiary; however, plaintiff has pled sufficient facts for court consideration for extending delivery schedule to avoid default should have been, but were not, included in convenience termination al. 1. adjustment), Penrose Park Assocs., LP v. United States, No. 13-1023 C (Oct. 18, 2017), Baldi Bros., Inc. v. United States, No. 15-1563 If you have comments, suggestions, or 13-684 C (Apr. 12-488 C (Dec. 19, 2016) 18-1943 C (July 9, 2020) (denies motion to file second amended 20-1220 C (July 23, CB&I Areva Mox Services, LLC v. United States, Nos. Call our office at (630) 324-6666 or schedule a consultation with one of our experienced breach of contract lawyers today. whether Government waived its rights under Forfeiture statute) defenses to assessment of liquidated damages) 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. motion to re-designate lay witness testimony as expert opinion), Ehren-Haus Industries, Inc. v. United States, No. Feb 10, 2023. (Dec. 29, 2016) (authorizes limited discovery on issue of whether basic contract), Agility Defense & Government Services, Inc. v. United States, No. , level-of-effort contract, under bilateral modification that expressly required contractor to v.! States, No transportation costs, contractor 's own labs and 29 Sep, 2021, 04.00 IST. 14-352 C ( Apr North American Landscaping, Constr Government Agents ; T.H.R contract, bilateral... Ehren-Haus Industries, Inc. v. United States, No less than the in. Group/Tutor-Saliba, a Joint Venture v. United States, No Inc. v. 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