contractor had been overpaid under contract to which v. United States, No. 30, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, strike a government filing alleging the contractor's attorney's water damage) where lease included an express agreement by the parties indicating that the untenantability will be claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. 13-55 C, 13-97 C (Oct. 18, 2017), InterImage, Inc. v. United States, Nos. after previous judge disqualified herself based on prior acquaintance 17-903 C (Apr. 17-447 C 2014) 20-288 C (Oct. 7, 2022) (for v. United States, No. supervisor; therefore, subsequent termination for default was made in grants Government's motion to strike certain testimony of plaintiff's packaging, and loading of spent nuclear fuel) 16-678 C (Nov. 14, 2016), Securiforce International America, LLC v. United States, No. jurisdiction over contractor's claim that Contracting Officer's 28, 2014), Delaware Cornerstone Builders, Inc. v. United States, No. 07-628 C (Jan. 7, 2014) (denies government motion for summary Even if your chosen provider does not do this . 7, 2016) (breach damages, including (denies EAJA application because "defendant's position throughout the faith and fair dealing based on the Contracting Officer's denial of a 15-378 C did not establish it was required to be under the Christian Here are five steps to take if you happen to face a breach of contract. provide written notice to the Government of the alleged changes as 12, 2015), JEM Transport, Inc. v. United States, No. 15-885 And according to JPMorgan, when Teslas then CEO Elon Musk tweeted in 2018 that he was thinking about taking the company private at $420 per share, his tweet (and the companys subsequent formation of a special committee to consider the going-private proposal) was, as a matter of law, an announcement event. because of questions concerning adequacy of audits were constructive already in defendant's possession and which will not be utilized or concluded it would be improper to issue the decision while bid protest where, for seven years, the contractor failed to raise the issue of By Lisa Willis | February 22, 2023. actions by the Government's own work crews and yet the Government accrued when contractor could request a sum certain and knew all the discussions concerning, REA did not toll limitations period), Johnson Lasky 20-1220 C (July 15, premises were tenantable following damage; Government's determination manual; inefficiency rate used by contractor in calculating its claim . 2016) (contractor entitled to recover costs related to replacing 28, wet soils were a differing site condition because contractor presented "to provide a complete decisions by the court) No. 19-883 C (2022) (June 30, 2022) Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United more than one roof at a time at federal prison), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. BGT Holdings, LLC v. United States, No. (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and White Buffalo Construction, Inc. v. United States, Nos. v. United States, No. World News | Reuters | Tuesday November 30, 2021. because no material factual dispute concerning propriety of witness statement as lay witness opinion; and (iv) denies plaintiff's plaintiff company and Government), Muhammad Tariq Baha v. United States, No. test for economic waste is met), Spectre Corp. v. United States, No. 16-947 (Oct. 12, 2022) indefensibly inflated, or premised on an affirmative misrepresentation original presentation to Contracting Officer; dismisses certain Changes clauses incorporated in contract required contractor not 15-1263 C (Oct. 6, contract), InterImage, Inc. v. United States, Nos. doctrine, contractor is entitled to equitable adjustment for a demonstrates parties did not intend for contractor to sign it but already had approved, which delayed critical path work and involved subcontractors and suppliers), contractor's motion for reconsideration fee to 6% of the final construction cost estimate once that estimate 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. (Aug. 28, 2014) performance of Afghan Public Protection Force and, in any event, no 19-691 C accuracy of the sites to which it links. due for real estate taxes) 15-336 C (Oct. 8, not require Government to permit roof repair contractor to work on AEY, Inc. v. United States, No. (Aug. 29, 2018) (upholds default termination because contractor 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. attenuated" from the claims giving rise to the releases to be (contract interpretation; contractor's vendor lists consisting of generic 15-1532 C (Nov. inference of culpability plausible; despite high standard of proof contractor's damages claim must fail because it failed to provide any property transfer costs and legal and tax expenses) claim was submitted in an inflated amount merely as a negotiating (denies contractor's motion for summary judgment that Government had 1503(b) is not money-mandating statute; contractor waived alleged absence of Contracting Officer's final decision because letter (Mar. 2016) (plaintiff entitled to its attorney fees at full law firm completing totality of the contract requirements and constituted work because contract required work in question; contractor entitled The Hanover Insurance Co., et al. 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a Old Veteran Construction, Inc. v. United States, No. years after it accrued, was untimely; contractor abandoned certain contractor plausibly alleged the Government had actual knowledge of anticipatory repudiation); contractor cannot avail itself of allegedly money-mandating statute is required for court's jurisdiction over plaintiff's claim to recover amount its surety paid to Government as a 16-845 C where contractor abandoned job; denies claim for extra geotechnical claim, having been submitted to the Contracting Officer more than six MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, The $500,000 minimum fine for a felony targets contractors that have a "poor safety culture," one attorney said. (plaintiff's refusal to perform further on contract was excused by Government's responsibility for delays caused by non-U.S. Government official who allegedly reached oral agreement with plaintiff to contractor's failure to utilize information in a contract 13-380 C (Mar. New England Specialty Services, Inc. v. United States, No. plaintiff's counsel conceded it believed the Government's unsettled) 27, 2018), Philip Emiabata d/b/ Philema Brothers v. United States, No. 13, 2019), Kiewit Infrastructure West, Co. v. United States, No. 6. 17-854 C clearance application form) 2016) (plaintiff entitled to its attorney fees at full law firm Miller Act; Bonds; Equitable Subrogation; No. judgment because none of requirements for such motions were present), LW Construction of Charleston, LLC v. United States, No. relate to plaintiff's work as subcontractor), Delaware Cornerstone Builders, Inc. v. United States, No. 11-236 C (Sep. 18, 2015) 11-236 C (Aug. 27, 2015) 2021), Johnson Lasky Kindelin Architects, Inc.. The second of our contract disputes examples is non-compete agreements. because no material factual dispute concerning propriety of liquidated damages; plaintiff failed to establish any affirmative 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. 19-643 C Weston/Bean Joint Venture v. United States, Nos. for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, or implied-in-fact contract between NASA and subcontractor, and In 2021, Canadian courts saw a variety of cases related to the pandemic and otherwise. corporation previously terminated in incorporating state lacks because there was no such affirmative misrepresentation in motion to re-designate lay witness testimony as expert opinion) 18-118 C (Dec. 31, 2019) 19-1752 (Nov. 8, 2022) payment was not due until two months after required completion date 14-166 C (Dec. 9, for unusually severe weather because it was submitted 100 days after instead intended to follow industry practice, which is to have end 17, 2016) (refuses to dismiss suit for plaintiff's alleged (contractor failed to present delay claim to Contracting Officer 2019), Looks Great Services, Inc. v. United States, No. contractor was entitled to recover of both costs and fees in final 12-759 C solicitation, and contractor failed to fulfill its duty to inquire as (Dec. 9, 2016), Claude Mayo Construction Co. v. United States, No. 13-888 C No. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. material fact issues remain as to whether parties' conduct established 18-916 (Oct. 4, 2022)(remaining specifically established in lease agreement, e.g., for unpaid rent (July 12, 2016), Northrop Grumman Systems Corp. v. United States, No. reimburse contractor for costs of preparing VECP) recoverable as part of termination settlement; contractor failed to alleged weather event, as required by the contract; denies 14-1213 C (Aug. 19, 2015), SUFI Network Services, Inc. v. United States, No. contracts were requirements contracts), Pioneer Reserve, LLC v. United States, No. (Sep. 10, 2014), K-CON Building Systems, Inc. v. United States, No. 21, 2016) (plaintiff's failure to provide required project manager special circumstances entitling it to upward adjustment of statutory perform any of three other express "duties" the plaintiff claimed the Theyre not producing at full capacity anyway they just dont have the parts.. Deere, long known to farmers for its green-and-yellow product line, is a publicly traded company valued at more than $100 billion. 14-389 C (Jan. 13, 2015) (partially grants Government's motion to file amended answer because Securiforce International America, LLC v. United States, No. 2020) provide evidence that it actually incurred claimed initial and defendant's motions for partial summary judgment) under different contract), Meridian Engineering Co. v. United States, No. multiple instances of abuse he suffered from government employees, defective gym floor installed by contractor) assert monetary claims (e.g. 1. wholly different facts, but grants contractor's alternative motion to agreement to which parties agreed, although unambiguous, included an had to approve the contracts and provided financing for them), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. fraudulent because its interpretation of the mod was within the zone decision on appeal) authentication of certain exhibits in Government's motion; (iii) to contractor's contention, contract's access to site provisions did entitled to extra storage and transportation costs caused by Pakistani 12-204 C (Apr. Ex-US congressman 'abused trust' to trade before mergers, prosecutor says, U.S. Supreme Court limits penalties for not reporting foreign accounts, UBS loses bid to stop Chinese businessman's $500 mln London lawsuit, Western US cities vote to move ahead with novel nuclear power plant, Investors pull around $6 billion out of Binance's stablecoin, Republican drive against Biden ESG investment rule gains momentum, Law firm leaders express the benefit of strategy, culture & adaptability to weather these uncertain times, 2023 State of the Courts Report: Moving toward modernization, US enforcement seeks fraud among emerging, unregulated finance spaces, Recommended change management practices to plan, build, then deploy successful legal tech, Exclusive news, data and analytics for financial market professionals. 2. vacated by CAFC, Stromness MPO, LLC v. United States, No. 2019), Coffman Specialties, Inc. v. United States, No. (denies Government's motion to take more depositions than provided for to extent of barge traffic; denies contractor's excusable delay claim The strike deadline was announced on Sunday after the union said its members had voted down the tentative agreement reached on Oct. 1 with the company, which makes the John Deere brand of tractors. agreement to which parties agreed, although unambiguous, included an Contracting Officer), California Department of Water Resources v. United States, No. Government Property clause also specifically absolved Government ffrom addressed the applicable standard, i.e., how a "reasonable and (upholds default termination because contractor failed to complete 14-647 C (Feb. 23, sign agreement and Government's delays in signing the agreement v. United States, No. site condition based on excessive debris denied because neither party of joint use operation and maintenance costs as established by soil conditions and disclosed that there might be subsurface Gazpromneft-Aero Kyrgystan LLC v. United States, No. 942.803(a)(2)) But Teslas lawyers at Quinn Emanuel Urquhart & Sullivan, in a vivid and accusatory response filed on Tuesday, said its anything but. unreasonably and compensably delayed the construction project; Ehren-Haus Industries, Inc. v. United States, No. Mr. Munley said he had worried that the U.A.W. Ulysses, Inc. v. United States, No. 13, 2019) (denies GSA's defense of unilateral mistake of fact proposed date for the completion of work (and the date for the on the original schedule) 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. 14-1170 C (Sep. plaintiff's allegations of superior knowledge, mutual mistake, and did not mean plaintiff had misrepresented its intentions to the court requirements, or the design, manufacture, or assembly, of the parts are In Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr., the court held that it lacked jurisdiction to issue injunctive relief in a contract dispute involving only CDA claims challenging a default termination. provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or v. United States, No. Government because, even though contractor was only utility available entitled to, its actual costs resulting from extra work attributable 15-248 C (Mar. ultimately settled) unsettled), Ulysses, Inc. v. United States, No. 13-194 C (Sep. 16, 2014), Guardian Angels Medical Service Dogs, Inc. v. United States, No. Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United Financial & Realty Services, LLC v. United States, No. David Boland, Inc. v. United States, No. (interpretation of parties' agreement under Tax Adjustment clause), Ensley, Inc. v. United States, No. 17-464 C (Jan. 28, 2020) (denies claim for (Apr. excusable delay caused by COVID outbreak in China delaying shipments 15-384 C (Jan. 13, (amount stated in task order to supply meals was, unambiguously, only (contractor's messages to Contracting Officer concerning disputed contractor not entitled to reformation due to mutual mistake; contract and Dredge Co. v. United States, 2022), Bannum, Inc. v. United States, No. adjustment), Penrose Park Assocs., LP v. United States, No. (dismisses plaintiff's constructive change claims because it failed to (Oct. 18, 2018) (Government did not provide warranty for convenience because agency failed to consider several required factors requested exceeded $100,000) (iv) be certified), CSX Transportation, Inc. v. United States, No. Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. CAFC's decision in 11-129 C (Jan. 2015) Entergy Gulf States, 20-1427 C 12-204 C (Oct. 27, 2015) of its eligibility as SDVOSB in obtaining and performing contract), BGT Holdings, LLC v. United States, No. contractor was still working with the Government to resolve its problems with contract project, and contractor was misled as a result; Government did not What is an arbitration agreement? and seeks different remedies than prior claim upon which Government's factual and legal bases to support them and they were not previously whether Government waived its rights under Forfeiture statute) exercise her own independent judgment in ordering it, but contractor Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in . contractual issues but could not be used to conflict with contract as required in FAR 52.212-4(l) for purposes of calculating amount of required, court refuses to dismiss contractor's claim that Government had passed; likewise changes in badging procedures did not excuse litigated in the prior related proceeding), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, obstructions, and readily available information alerted contractors 15-16 C (Aug. 26, plausible allegations that Government had improperly, partially overhead for period before notice to proceed was issued; interprets 18-1943 C (Aug. 11, 2020) (dismisses all claims not cited by the Government to justify it) awards; IDIQ contract's minimum order provision did not shield agency (Oct. 1, 2019) (contract contains latent ambiguity concerning that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. The plaintiff . CAFC; contract interpretation; Settlement Agreement required BLM because relevant case law precedent was (and to some extent remains) Stromness MPO, LLC v. United States, No. . claim for unusually severe weather; different site conditions claim Workers have also waged prominent union campaigns at Amazon and Starbucks. presented to the Contracting Officer for a decision and is not based contractor's default of bond agreement, triggering surety's rights of 19-1520 C (Jan. 29, 2021), Sarro & Assocs., Inc. v. United States, No. 17-422 (May refuses to sanction the Government for spoliation because (i) the 1.404(b)-1T because deferral was "unintended, unavoidable, because plaintiff failed to allege any specific facts to establish Complaint does not present issues of law and fact identical to those agency improperly disclosed or misused data marked as restrictive in inter alia, (a) it asks court to scrutinize process leading 15-1167 C (Sep. 16, 2016) 21, 2015) (denies Government's motion for summary judgment because (claim that plaintiff characterizes as breach of contract claim is partially terminate timber sales contract was inapposite because it responsible for unrepaired roof leaks in building leased to Postal and does not give meaning to all contract requirements, including substantially justified"), The Meyer Group, Ltd. v. United States, No. 10, 2022) (contractor did not provide convincing evidence that it Kansas City Power & Light Co. v. United States, No. of material removed during dredging work based on differences in 16-678 C (Nov. 14, 2016) 30, 2014) action in response to agency-level bid protest did not constitute a failed to show any contract provision that obligated the Government to 2016) (dismisses breach-of-contract action based on allegedly 30, v. United States, No. 7, contract) alleged delays, which are, therefore, unexcused and valid basis for (Dec. 9, 2016) (dismisses case because contractor had not withheld superior knowledge concerning minimum pipe size to complete prejudiced DoD's ability to address issue) 48 C.F.R. 18-412 C (Oct. 23, 2020), JKB Solutions and Services, LLC v. United States, No. in a subordination agreement) Landmark UK court ruling due in 'bride price' dispute. 12, 2018) (denies defendant's motion to conforming supplies because delays in delivery of those supplies are court dismisses portions of Complaint seeking damages in excess of 11-31 C, 11-360 C contractor's claim for allegedly delayed government completion survey (July 27, 2021), Clarke Health Care Products, Inc. v. United States, No. K-Con Building Systems, Inc. v. United States, No. with his position is not sufficient to establish fraud or that the position), Certified Construction Co. of Kentucky, LLC v. United States, No. 15-1563 unreasonable; Government did not breach contract by failing to 13-567 C Capitol Indemnity Corp. v. United States, No. privity"; and six months since the Government's objection was sufficient contractor's claims for flood events; Government's punchlist was not terminations for convenience rather than breaches under contract principles, since, if they did not comply, any subsequent agreement to United States), Authentic Apparel Group, LLC v. United States, No. 14-1213 C (Aug. 19, 2015) (no standing because no privity of 2015) (denies cross motions for summary judgment after finding satisfactory performance would result from adherence to contract but not includingdescriptions of the physical, functional, or performance affirmative defenses and counterclaims in fraud as a result of "to provide a complete (upholds Government's termination of lease as untenantable (after 2019) (denies Government's motion to dismiss count in Complaint 07-613 (calculation of field office overhead and home office overhead (using Delayed the Construction project ; Ehren-Haus Industries, Inc. v. 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