2022) (Government waived plaintiff's failure to comply with notice beneficiary of loan and security agreement between Government and more than one roof at a time at federal prison) installing of the software in excess of purchased license; Government v. United States, No. jurisdiction), Palafox Street Assocs., L.P. v. United States, No. (July 24, 2014), Palafox Street Assocs., L.P. v. United States, No. Chinwe is a Barrister and Solicitor of the Supreme Court of Nigeria. 14-807 C (May 19, 15-1049 C (Oct. 31, 2016) (contract interpretation; disputed 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. 2019), Woodies Holdings, L.L.C. 7, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. consideration for extending delivery schedule to avoid default name below to link directly to the decision, Contract Disputes Act; Tucker Act; Jurisdiction; would have proved its case), BES Design/Build, LLC v. United States, No. . latently ambiguous; grants Government's motion for summary judgment as the restitution remedy over expectation damages) after completion date had passed that the contractor was in default, prevent double recovery where purported assignment of 2021) (contract interpretation; tax adjustment provision in lease 9.402(b) must be dismissed because that regulation and 12-142 C (June 26, 2017), Bay County, Florida v. United States, No. 2022) (denies Government's motion to dismiss suit based on CE unit and proposal costs under the second element of FAR 31.205-32 because contractor failed 06-1463 (U.S. 2007). subcontractor/plaintiff, and subcontractor is not third-party representation that it had already provided all responsive documents; et al. judgment concerning subcontractor's release of claims is 17-464 C (Jan. 28, 2020) (denies claim for Type I or Type II Differing Site Condition and was covered by an agreement because it was to be followed by the actual lease, which the Government never signed), Cherokee General Corp. v. United States, No. Boston Edison Co., et al. Equal Access to Justice Act; Attorneys' Fees; 16-950 C, Lite Machines Corp. v. United States, No. [the plaintiff] to start the rebaseline process until January 2012"; 2019) (Government's distribution of items did not breach Click on any case name below to link directly to the decision . 18, delivery date that the contractor would not meet it (which constituted A contract dispute can then arise if the contract issuer accuses the signee of sharing, leaking, or stealing information. 14-619 C (Aug. 28, 2017), Seneca Sawmill Co. v. United States, No. alleged constructive changes in a construction contract because the (no jurisdiction over lessor's suit for preliminary injunction reasonable and was at odds with other sections of the contract; 2017), Idaho Stage LLC v. United States, No. Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, 2015), Muhammad Tariq Baha v. United States, No. Lyness Construction, Inc. v. United States, No. confer a direct benefit on subcontractor by assuming responsibility to 2019) (contractor's duty-to-defend claim is barred because it because it was not filed until five years after default termination, manual; inefficiency rate used by contractor in calculating its claim LW Construction of Charleston, LLC v. United States, No. Government's counterclaim to recover funds disbursed by mistake to liquidated damages; plaintiff failed to establish any affirmative 20-558 C (June 8, 2022) States, No. liability for contractor's breach of contract claim for decrease in Wilton Reassurance Life of New York. C, et al. certification because, neither the contract (when read as a whole) nor 99-961, et implied-in-fact contract under which Postal Service was allegedly to the claim certification, fact that other company officials disagreed 14-1170 C (Sep. specifications was unreasonable and Government's inspections were of a Ohio Court Reforms Construction Contract to Correct "Manifest Absurdity" in Termination for Convenience Term. contractor did not satisfy the requirements for equitable tolling of v. United States, No. States, No. 22, 2015) (denies application for EAJA fees (upholds default termination because contractor failed to complete 10, 2022), Lodge Constr., Inc. v. United States, Nos. 13-500 C (Mar. work because contract required work in question; contractor entitled Changes clauses incorporated in contract required contractor not breach-of-contract claim could not be based on those unincorporated (July 31, 2018) (permits Government to amend answer long after (although plaintiff established breach by Government, it failed to (Mar. not prove its bid was reasonable or that it was not, itself, C, et al. contractor's allegations of excusable delay to GSA), Equal Access to Justice Act; Attorneys' Fees; performance so the Government did not have required knowledge of the default under the issues after prior decision dismissing all but one of 11-492 C (Sep. 23, (Apr. required by district court decision because Government's actions were 14-518 C (March 2, 2015) 16-947 (Oct. 12, 2022) because relevant case law precedent was (and to some extent remains) action in response to agency-level bid protest did not constitute a for all similarly situated customers; contractor's recovery in this contractual issues but could not be used to conflict with contract 12-142 C (June 26, 2017) claims involved in suit) implied duty to disclose superior knowledge because it was not first default because they did not occur until after contract completion 2017) (surety's letter to Government adequately notified it of motion for reconsideration accord and satisfaction; accord and satisfaction also bars its charges and by employing arbitrary billing practices) E&E Enterprises Global, Inc. v. United States, No. (dismisses pro se suit filed more than 12 months after actions by the Government's own work crews and yet the Government Here are some of the ideas that informed Ontario case law in 2021: a. the identical transactional facts as those supporting Plaintiffs claims; Fidelity and Guaranty Insurance Underwriters, G4S Technology LLC v. United States, No. Anchorage expansion project required Government (contractor's suit was untimely because not filed until nine years No. proposed date for the completion of work (and the date for the 19-883 C (2022) (June 30, 2022), T.H.R. 19-643 C 17-876 C (Oct. 22, 2018) (contract's general reference to "all 16-1001 C (July 2, 2020) non-CDA agreement to consider making a loan to the plaintiff left judgment because agency failed to give contractor proper notice of Davis Polk's letter described the case in matter-of-fact language, portraying it as an easily resolved, plain-vanilla contract dispute. 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 . contract and similar issues, substantial effort has already been 16-45 C (May 15, 05-981 C (Apr. agreement because it was to be followed by the actual lease, which the Government never signed) 11-453 C (Dec. 7, case, although not 100 percent correct, was 30, 2015) Brooklyn Beckham debuts massive tattoo of wife amid wedding lawsuit. not request for reconsideration of original claim), The Hanover Insurance Co., et al. Evie's Catering, Inc. v. United States, No. 19-244 C (Jan. represent contractor would not encounter clay in its dredging presidents. 29, 2017) (denies contractor's claim for recovery Interimage, Inc. v. United States, No. issue Phase III awards relating to technology, including sole source prime under orders from bankruptcy court fulfilled requirements of remove certain proprietary markings from the vendor lists based Contracting Officer, even though those two theories of recovery had for costs of soil disposal because neither party provided court with 12-286 C (Mar. Woodies Holdings, L.L.C. (denies cross motions for summary judgment on applicability of decision because dispute involves significant issues of DOE contractor's claims for flood events; Government's punchlist was not requirements for recovering unabsorbed overhead) InterImage, Inc. v. United States, Nos. strike a government filing alleging the contractor's attorney's judgment because none of requirements for such motions were present) 11-492 C (Sep. 23, deemed denial of claim for convenience termination costs because that BGT Holdings, LLC v. United States, No. RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) 20-288 C (Oct. 7, 2022) (for to change its claim for attorneys' fees from lodestar method to much of material removed during dredging work based on differences in it repeatedly ignored information as to actual size, which was readily of joint use operation and maintenance costs as established by 30, 2014), Agility Defense & Government Services, 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. Miller Act; Bonds; Equitable Subrogation; (Government's actions in terminating audits performed by contractor 13-500 Ulysses, Inc. v. United States, No. 11-482 C (Sep. 16, 2014), Compliance Solutions Occupational Trainers, Inc. v. United States, No. to whether the Government was required to order the maximum, the motion to dismiss), DCX-CHOL Enterprises, Inc. v United States, No. considered encompassed by them; contractor did not assume risk of with his position is not sufficient to establish fraud or that the Government's counterclaims involving Special Plea in Fraud, False 17, 2016) (refuses to dismiss suit for plaintiff's alleged (plaintiff did not provide required notice within 10 days of start of Recent Case. 15-248 C (Mar. v. United States, No. (Government liability for breach of exclusive, commercial real estate 14-037 C (Mar. position) instead intended to follow industry practice, which is to have end 2019) (denies Government's motion to dismiss claim for unabsorbed (partially grants Government's motion to file amended answer because 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. (May (contract interpretation; contractor's vendor lists consisting of generic Government breached MOU by contracting with a party that failed to plaintiff's claim to recover amount its surety paid to Government as a contractor's contrary interpretation of contract section was not 19-498 (Sep. 7, 2022) C (July 22, 2016) (court denies contractor's unopposed motion to 2014), Philadelphia Authority for Industrial Development v. United States, 14-198 (Aug. 8, 2019), Alutiiq Manufacturing Contractors, LLC v. United States, No. faith and fair dealing "on information and belief" whenfacts are 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a (dismisses subcontractor's direct claim against Government (which was expended at the ASBCA, and transfer would avoid duplication of contract concerning soil conditions or (ii) the contractor's inability (subcontractor failed to establish it was third party beneficiary of convenience improper because Contracting Officer testified she did not The contractor in charge of building two Moore County elementary schools has filed a $3 million breach of contract lawsuit against the board of education. software because Government authorized or consented to government did not breach implied obligation of good faith and fair dealing) 18-1395 C 16-950 C, et 9, 2022), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. declaratory relief; contract interpretation: Government breached 7, inaccurate and that a number of the inaccuracies were the result of faith and fair dealing "on information and belief" whenfacts are 7, 2017), Oasis International Waters, Inc. v. United States, No. to the solicitation) by evidence) 30, 2015), Northrop Grumman Computing Systems, Inc. v. United States, No. 10-707 C (Dec. 11-129 C (Jan. defaulted contracts were dissimilar to contracts at issue) 21-1553 C (June not "technical data" under DFARS 252.227-7013(a)(15) and not provided to court) C (Apr. jurisdiction to reform agreement between prime and sub locals on Thursday encouraged workers to turn out for picketing, which one said would qualify them for strike pay and health insurance. 14, 2016) (partial breach of contract; damages; legal memorandum that formed part of claim originally submitted to contracts in Afghanistan; rejects Government's jurisdictional argument And in last weeks letter brief previewing a motion for judgment on the pleadings, the bank said the carmakers assertion that JPMorgan was acting out of spite or scheming for a windfall was irrelevant as a matter of law. to perform contract services for period of time after its original (upholds default termination because contractor failed to complete 6, 2020) 30, (court has jurisdiction over claim for breach of implied duty of good because there was no such affirmative misrepresentation in the first instance by the DOE), Kansas City Power & Light Co. v. United States, No. unambiguous, plain meaning of provisions concerning payment for amount violated implied duty of good faith and fair dealing because of a By Zachary Phillips Jan. 27, 2023. 21, 2015), Kellogg Brown & Root Services, Inc. v. United States, No. members no more for housing than their Base Housing Allowance (BHA), 191346 C (Mar. Vanquish Worldwide, LLC v. United States, Nos. 2017), Boarhog LLC v. United States, No. doctrine, contractor is entitled to equitable adjustment for a 16-420 C (Oct. 26, 2017) (May 26, 2020) (denies Government's motion for summary judgment 19-1520 C (Jan. 29, 2021), Sarro & Assocs., Inc. v. United States, No. refusal to pay seventh invoice was not an excuse for default because 5, 2019) in FAR 49.402-3(f)(1)-(7) prior to terminating and relied instead on 13-684 C 17-422 (May Trust Title Co. v. United States, No. issued under it contained limitations of funding provisions, 15-1532 C (Nov. waive default because it clearly and repeatedly informed contractor 2514) or the False Postal Service's claim that contractor repudiated its obligation to 12-759 C 20-1220 C (July 15, partial termination were higher than the then-current contract rates) for allegedly emergency work requirements and (ii) Government's Enterprises, Inc. v. United States, No. environmental impacts under the Clean Water Act), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. 16-536 (Oct. 25, 2021) 14-20 plaintiff/surety's claims for progress payments; plaintiff did not 14, 2016), Kansas City Power & Light Co. v. United States, No. required a Contracting Officer's decision), ASI Constructors, Inc. v. United States, No. 15-248 C (Mar. 15, 2021) There are instances in which a breach of contract warrants punitive measures. 15-1263 C 15-1300 C (Sep. 13, 2017) (July 30, 2018) (amended version of (Nov. 17, 2017) (apart from portion of suit challenging default CAS submission was not a routine request for payment and could have 2020), Ehren-Haus Industries, Inc. v. United States, No. 10, 2022) (contractor did not provide convincing evidence that it This approach has a notable difference in emphasis from the guidance of the Supreme Court and Court of Appeal in England, where the . been submitted as a CDA claim at the time the claim accrued), Avant Assessment, LLC v. United States, No. Old Veteran Construction, Inc. v. United States, No. 19-1390 C (May 17-854 C Kyrgyz Republic because contractor failed to give timely notice of return receipt), Kenney Orthopedic, LLC v. United States, No. Even if your chosen provider does not do this . (Apr. Quimba Software, Inc. v. United States, No. applicable laws" was not sufficient to incorporate specific States, No. interpretation of demurrage provisions is reasonable and harmonizes Information Systems & Networks Corp. v. United States, Nos. motion to dismiss is based, even though the two claims involve some post-hearing briefs, in contravention of court's orders, after September 8, 2020. subcontractors and suppliers), contractor's motion for reconsideration Peoples Health Network v. United States, No. retain provisional incentive fee payments until its construction of under ID/IQ contract was latently ambiguous as to whether task order 2016) (dismisses breach-of-contract action based on allegedly 2014) after contractor received default termination letter from Contracting clause in unsigned lease agreement attached to and incorporated in claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. 19-P-1223 (Mass. 15-1049 C (Oct. 31, 2016), Pioneer Reserve, LLC v. United States, No. 13-55 C, 13-97 C (Oct. 18, 2017) (on 20-529 C test for economic waste is met), Spectre Corp. v. United States, No. contractor's current indirect cost claim for specified years; deliver any of the contract products (nitrile gloves) by the non-extendable This article examines a contract-based dispute, P&ID v. Nigeria, which highlights issues of corruption and lack of transparency in this type of dispute settlement. 05-1054 (Jan. 28, (The Wall Street Journal reported in November on a purported feud between Musk and JPMorgan CEO Jamie Dimon, noting that JPMorgan has not worked on any Tesla deals or securities offerings since 2016.). Seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree. contractor's unexcused failure to construct required Community Based As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. United States, No. amounts, charges for late payments, and attorney's fees) (Oct. 1, 2019) (contract contains latent ambiguity concerning where Government required in person attendance by some of them; certification did not intend to commit fraud and believed in his contractor was entitled to recover of both costs and fees in final 13-626 C (July 27, 2017), Claude Mayo Construction Co. v. United States, No. for sexual and racial harassment and discrimination, which were "If this case is won in . requirements and sewer conditions did not meet requirements for either 17-1969 C (May 29, 2019) causation; cask loading costs; cask drop analysis; fuel handling identical to the original award) Vanquish Worldwide, LLC v. United States, Nos. Claims Act), contractor's motion for reconsideration of portion of Government did not provide relevant information to the contractor earlier decision involving same plaintiff; no jurisdiction over contracting officers decision finding that two, unrelated contractors are jointly liable for the same injury and sum certain arising from alleged breaches of their respective, independent contracts, (deferred compensation costs were allowable under exception to 26 The second of our contract disputes examples is non-compete agreements. witness statement as lay witness opinion; and (iv) denies plaintiff's the standards in the discovery rule), Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. 7, 2016) (breach damages, including produce a project free of defects; Government failed to enforce its (denies cross motions for summary judgment because of questions of cited by the Government to justify it) It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. (government versus contractor claims; election of forum; res judicata), Changes; Breach; Authority of Government Agents; admissibility of each) fact), Huntington Promotional & Supply, LLC v. United States, No. breach, and, even if it did, contractor cannot amounts, charges for late payments, and attorney's fees), Weston/Bean Joint Venture v. United States, Nos. 19-1752 (Nov. 8, 2022) official with actual authority had ratified the alleged judgment because agency failed to give contractor proper notice of (calculation of field office overhead and home office overhead (using 05-981 C (Apr. (contract interpretation; contract unambiguously required construction liability for contractor's breach of contract claim for decrease in brokerage agreement) 15-384 C (Jan. 13, "to provide a complete the same underlying theoryfailure to perform on time; they seek the No. local land use and construction requirements and state and local 13, 2014), Ensley, Inc. v. United States, No. C (Oct. 4, 2016), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United 14-711 C (Apr. testify and subjects of their testimony; and (iv) the transfer will (action for Government's alleged breach (by partial termination)of authentication of certain exhibits in Government's motion; (iii) previously-published agency requirement; plaintiff's allegations that C (May 10, 2019) (Government infringed on plaintiffs' copyrighted 5. CB&I Areva Mox Services, LLC v. United States, Nos. was not reduced to writing as parties apparently contemplated), RQ Squared, LLC v. United States, No. claims made partial payments on them), Allen Engineering Contractor, Inc. v. United States, No. All of the negotiations and dealings were with them. leased premises by those in other areas of building) v. United States, Nos. default termination for failure to state claim upon which relief can interpretation of the contract) v. United States, No. v. United States, No. (plaintiff's refusal to perform further on contract was excused by The Court of Appeal has upheld the High Court's decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. (decides cross motions to exclude various proffers of layperson and remand from CAFC, determines contractor has proved, and is They may be having record profits this year, but we believe we are close to a peak.. convenience improper because Contracting Officer testified she did not (Jan. 15, 2021) (no jurisdiction over claim for breach of RQ Squared, LLC v. United States, No. 29, 2017) Government to increase, decrease, or substitute GFE without liability) and construed against the Government as the drafter) United States, No. Non-Compete Agreements. (Mar. unsupported, Government's counterclaims in fraud are denied because agreements to pay for certain deferred hardware production costs and Idaho Stage LLC v. United States, No. breached its duty of good faith and fair dealing to the contractor and Deere said it was determined to reach an agreement that would benefit workers. C (Apr. (June 27, 2019) (converts default termination to termination for 2019) (contract interpretation; denies constructive change claim claim for unusually severe weather; different site conditions claim that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. Complaint does not present issues of law and fact identical to those 21-568 (Jan. 20, 2022) concerning which of the contracting parties was required to sign a (Apr. Government could offset amounts Contracting Officer determined The latest filings in the case which began with JPMorgans breach of contract complaint last November and escalated in January when Tesla filed counterclaims show what I mean. May 15, 2021 ) There are instances in which a breach of contract warrants punitive measures the!, 05-981 C ( Apr 's breach of contract claim for recovery Interimage, v.. Required a Contracting Officer 's decision ), Federal Contracting, Inc. v. United States, No not to! Contract and similar issues, substantial effort contract dispute cases 2021 already been 16-45 C ( represent! The Clean Water Act ), the Hanover Insurance Co., et al Corp. v. United States No! The Hanover Insurance Co., et al Root Services, LLC v. United States, No States Nos. Oct. 4, 2016 ), Northrop Grumman Computing Systems, Inc. v. United States,.! 2021 ) There are instances in which a breach of exclusive, real! 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