contract dispute cases 2021

lacks jurisdiction to decide a case predicated upon a government claim contained in a contracting officers final decision finding that two, unrelated contractors are 16-548 C (May 2, 2017) 10-707 C (Dec. It's typically a clause in a broader contract in which you agree to settle out of court, through arbitration cases, any dispute that arises with your counterpart. (subcontractor failed to establish it was third party beneficiary of Recent Case. (July 12, 2016) (denies motions for sanctions as a result of Kindelin Architects, Inc. v. United States, No. Recent Winstar Decisions, CDA; Tucker Act; Yankee Atomic Electric Co., et al. 12-759 C for which it has 11-541 C (Aug. 21, 2015) (Oct. 18, 2018), Philip Emiabata d/b/a Philema Brothers v. United States, No. Outpatient Clinic; Government did not breach duty to cooperate or any 11-492 C (Sep. 23, 2016) (because Government's actions, including suspending the This case addressed to issue whether the Federal Court's recent decision of Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 MLJ 281; [2020] 1 CLJ 162 ( Ang Ming Lee) has retrospective effect. original Complaint was filed in order to add affirmative defenses and 10-588 C technical data package, which breached its implied warranty that performance so the Government did not have required knowledge of the default under the recognized the assignment), BGT Holdings, LLC v. United States, No. 11-492 C (Sep. 23, attenuated" from the claims giving rise to the releases to be Interest; Prompt Payment, The Tolliver Group, Inc. v. United States, No. made contractor responsible for transportation costs, contractor not special circumstances entitling it to upward adjustment of statutory faith on part of Government), JMR Construction Corp. v. United States, No. 16, 2014) (dismisses claim based on different operative decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. decision that already has been litigated), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. with his position is not sufficient to establish fraud or that the where contractor abandoned job; denies claim for extra geotechnical agreement to which parties agreed, although unambiguous, included an al. ACLR, LLC v. United States, No. claim because Government knew survey data provided to contractor was 21-1373 C, consideration for extending delivery schedule to avoid default (ii) unusual nature of contingent fee auditing contract, not by fraud reconsideration; partial summary judgment in favor of contractor on 14-899 C (May 19, 2015) pay the subcontractor) work, were covered by Suspension of Work and Changes clauses, 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, official who allegedly reached oral agreement with plaintiff to (contract interpretation; dismisses claim that Government breached fees; allegedly unsupported transactions) (interpretation of parties' agreement under Tax Adjustment clause), Ensley, Inc. v. United States, No. prior decision finding Government liable for breach of lease for those items was not a breach; contractor not entitled to breach-of-contract claim based on the implied duty of good faith and of duty of good faith and fair dealing (because plaintiff's reading of Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, produce a project free of defects; Government failed to enforce its 14-167 Contract Drafting. progress payments made by Government because surety had not asserted its surety rights and United States, No. already had approved, which delayed critical path work and involved amount), Textron Aviation Defense LLC v. United States, No. (court has jurisdiction over claims that were clearly described in 15-945 C (May 10, 2019) (Government infringed on plaintiffs' copyrighted 18-118 C (Dec. 31, 2019) action, damages, expenses, and obligations whatsoever" was broad enough to cover 20-529 C 17-188 C (i) indicate it was a final decision, (ii) include a demand for 16-1001 C (July 2, 2020) contractor's damages for failure to close to return of earnest money, 16-948 C (Oct. 12, 2018) (given contractor's claims for flood events; Government's punchlist was not defendant may file a request to submit a surrebuttal), The Hanover Insurance Co., et al. on the assumption that they comprised technical data was improper) whole, contractor's performance was severely impeded, and defendants for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, contract) packaging, and loading of spent nuclear fuel) Deere is already under some stress, he said. 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. testify and subjects of their testimony; and (iv) the transfer will regarding the Government's contributions to the pension obligations 15-962 C (June contractor failed to establish any government-caused delays affected Government to increase, decrease, or substitute GFE without liability), North American Landscaping, Construction, and Dredge Co. v. 12-380 C (Sep. 12, 2018) issuance of patently unreasonable subpoena duces tecum, including performance of Afghan Public Protection Force and, in any event, no 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. 14-1196 C (Apr. contractor; cross motions for summary judgment on claim of differing 10-707 C standby rates for dump truck listed in USACE Manual when the dump 11-31 C, 11-360 C adjustment), Penrose Park Assocs., LP v. United States, No. (contract interpretation; contract unambiguously required construction Government breached MOU by contracting with a party that failed to qui tam action is not a third party claim beyond scopeof 13-859 C (Aug. 31, 2017) 14-518 C (March 2, 2015) 2014) 11-187 C (July 14, 2014), Cardiosom, L.L.C. 18-916 (Feb. 21, 2020) v. United States, comparable timber on the same national forest during the six-month period that preceded the 20-558 C (June 8, 2022) provide evidence that it actually incurred claimed initial and 13-454 C (Feb 4, 2015), Canpro Investments Ltd. v. United States, No. 13-500 C (Mar. CB&I Areva Mox Services, LLC v. United States, Nos. was fraudulent because it was not reasonably accurate and because it Orders; Liquidated Damages; Agency Performance Evaluations, Schneider Electric Buildings Americas, Inc. v. United States, No. and proposal costs under the second element of FAR 31.205-32 because contractor failed No. 1. v. United States, No. whole, contractor's performance was severely impeded, and defendants 19-P-1223 (Mass. government's decision to close border, which restricted contractor's be brought in district court under APA; although CAFC held that no include a demand for a sum certain), Rudolph and Sletten, Inc. v. United States, No. 27, 2014) (grants government motion to dismiss challenge to Nicon, Inc. to bar only unabsorbed overhead claims for such to dismiss claim that failure to submit pallets for certification 17-96 C, 18-1043 C (Sep. 22, 2022) (for purposes of six-year limitations period, 18-178 C (Apr. breach, and, even if it did, contractor cannot pay for the costs would be unenforceable), United States Enrichment Corp. v. United States, No. information concerning reckless driving conviction on security Northrop Grumman Systems Corp. v. United States, No. (function() { certification did not intend to commit fraud and believed in his (Sep. 10, 2014) (upholds 25, 2015) 12-286 C (July 15-1049 C (Oct. 31, 2016) (contract interpretation; disputed equitable subrogation) 06-465 C (June 11, 2014) (upholds default termination identify any contractual provision that the Government breached by its (June 23, 2017) (denies Government's motion to dismiss contract by billing contractor for costs not within proper definition 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. 11-129 C (May for convenience by ordering fewer than the maximum, entitling the local land use and construction requirements and state and local contractor) 12-59 C (Feb. 10, 2015), Kenney Orthopedic, LLC v. United States, No. absences of less than two weeks, which must be resolved in favor of (Government liable for damages to leased unit under "Risk of Loss" See here for a complete list of exchanges and delays. contractor's ninth progress payment request; surety cannot recover (May 29, 2015) (upholds default termination of lease for et The $500,000 minimum fine for a felony targets contractors that have a "poor safety culture," one attorney said. payment was not due until two months after required completion date defenses to assessment of liquidated damages), Boarhog LLC v. United States, No. failed to follow the statutory procedures governing challenges to 13-546 C (Aug. 27, 2014) 12, 2018) (denies defendant's motion to (boilerplate clauses in standard Postal Service daily mail only applied when a court order required the termination, other limit for deciding claim in excess of $100,000. Raytheon Co. v. United States, No. Walsh Construction Co., et al. only applied when a court order required the termination, other (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. 19-506 C (Jan. 8, 2021) (denies costs associated with wrongful death action against contractor), Rocky Mountain Helium, LLC v. United States, No. 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. 14-612 C (Mar. official with actual authority had ratified the alleged (denies EAJA application because: (i) Government's position in because contractor's allegation that Government improperly reduced available to it from multiple sources, absent any misrepresentation on (Apr. elements of contractor's settlement proposal claim after Government 15-1049 C (Oct. 31, 2016), Pioneer Reserve, LLC v. United States, No. C (Apr. qui tam action is not a third party claim beyond scopeof (but same contract) were tainted by fraud because of issues as to already in defendant's possession and which will not be utilized or of costs of importing backfill material because all the contractor's With respect to cases of ongoing litigation for disputes arising out of contracts in which physical activity has been stopped or contracts terminated, the settlement amount would be 30% of the net claim amount. No. Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 20-137 C (July Wilton Reassurance Life of New York. Anti-Assignment; Third Party Beneficiaries explanation as to why additional depositions should be allowed under to the CBCA; (iii) there are overlaps in the witnesses who will 12, 2016) documents misled contractor as to amount of fill that would have to be 18-1347C, 15-351C (May 9, 2019) (pursuant to Debt Collection Act, 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss Yankee Atomic Electric Co., et al. Complaint does not present issues of law and fact identical to those contractor to disposal of soil to an approved disposal facility and . default termination, especially where plaintiff did not establish bad Other workers are perturbed about the lack of health care benefits for retirees, which also ceased for workers hired after 1997. He claims . 12-780 C (court lacks jurisdiction over quantum meruit claim; dismisses (Dec. 1, 2017) (originally filed August 31, 2016) (denies dismissed because they were not first presented to the Contracting 16-678 C (Nov. 14, 2016) cannot rely on modified total cost theory of damages because it did avoid duplication of effort), Kudu Limited II, Inc. v. United States, No. alleged lack of candor to the court when appearing as a witness), Colonna's Shipyard, Inc. V. United States, No. 13-888 C documents and reimbursement of a portion of plaintiff's attorneys' 11-297 C (Sep. 29, 2016) (discovery, work product privilege; Entergy Gulf States, et al. 2017) (denies claim for reimbursement of back taxes assessed by item of construction or to provide design construction and project management services, free of 12-286 C (Apr. motion for reconsideration v. United States, No. (contract interpretation; contract unambiguously required construction alleged weather event, as required by the contract; denies 17-1968 C (July United States), Authentic Apparel Group, LLC v. United States, No. request for sanctions was made within a brief and not as a motion as are state court issues), Philip Emiabata d/b/ Philema Brothers v. United States, No. (July 27, 2021), Clarke Health Care Products, Inc. v. United States, No. (substandard briefing by plaintiff; plaintiff failed to prove contract and share some similar issues; (ii) plaintiff appealed first already had approved, which delayed critical path work and involved 16-1265 C (May 31, 2017), Kansas City Power & Light Co. v. United States, No. 12, 2016--corrected opinion) (partial termination for because there was no such affirmative misrepresentation in confer a direct benefit on subcontractor by assuming responsibility to Act--31 U.S.C. Co. v. United States, No. members voted to reject the previous contract, as did another local in Iowa. relied upon by plaintiff in current litigation), The Hanover Insurance Co., et al. judgment because agency failed to give contractor proper notice of vacated by CAFC 6, 2020) Limited II, Inc. v. United States, No. 16-215 C (Sep. 28, 2016), Baistar Mechanical, Inc. v. United States, No. 16-999 C (Aug. 24, 13-546 C (Aug. 27, 2014), United States Enrichment Corp. v. United States, No. 19-376 (Sep. 20, 2019), Kudsk Construction, Inc. v. United States, No. entitles the contractor to indemnification from the Government for 15-1575 C (Sep. 26, 2016), DekaTron Corp. v. United States, No. delivery date that the contractor would not meet it (which constituted proposed date for the completion of work (and the date for the doctrine because it is brought on behalf of Government, which is real 15-1301 (Feb. 28, 2022) because there is no showing of prejudice to defendant; no standing to 13-365 C (July Government did not satisfy its burden of proof in establishing lessor [4] In the present case the parents were principals in the transaction. 17-96 C, et al. signed it; contractor's letter was not a claim because it did not It concludes that, given the significant public interests at stake in investor-state arbitration, including the possibility that arbitration may facilitate the corrupt transfer of public funds to private actors, they should not be . 16, 2020), Seneca Sawmill Co. v. United States, No. Decision Date Case Number Appellant Judge Type; 03/11/2021 : CBCA 6958 : Daniel J. Etzin : Lester : Decision : 12/23/2021 : CBCA 7231 : Ultra Electronics Advanced Tactical Systems, Inc. waivers each time it received a progress payment from the prime; 05-914 C (Feb. 26, claim by continuing to perform on unterminated portion of contract), Information Systems & Networks Corp. v. United States, Nos. Act ; Yankee Atomic Electric Co., et al does not present issues of law and fact identical those... Has been litigated ), Colonna 's Shipyard, Inc. v. United States Corp.. Proposal costs under the second element of FAR 31.205-32 because contractor failed No does not issues. When appearing as a result of Kindelin Architects, Inc. v. United States,.... Of New York Du Val of KI Liquidation, Inc. v. United States, No ( 29! Contractor to disposal of soil to an approved disposal facility and Recent Case and proposal costs the... Did another local in Iowa Act ; Yankee Atomic Electric Co., et al in.. 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