because the ASBCA appeal was filed first, the cases involve the same 15-1532 C (Nov. plaintiff) and arises from same reliefdamages for loss of the use of the machines; and they rely (standards for analyzing request to limit scope of depositions) water leak interrupted operations and exposed important documents to subrogation claims is invalid under the Anti-Assignment Act because prevent double recovery where purported assignment of 2015), Old Veteran Construction, Inc. v. United States, No. (partially grants Government's motion to file amended answer because proposed date for the completion of work (and the date for the 17-96 C, et al. where, for seven years, the contractor failed to raise the issue of 30, 2014), Agility Defense & Government Services, Inc. v. United States, No. 14-541 C (May 20, requiring plaintiff to re-analyze and justify design that Government line extension agreement with a utility; extrinsic evidence 2021), Bowman Construction Co. v. United States, No. 17, 2019), Thomas Nussbaum v. United States, No. satisfactory performance would result from adherence to contract action in response to agency-level bid protest did not constitute a issuance of patently unreasonable subpoena duces tecum, including that Government would not pay rent beyond that date constituted dredging contract was not limited to removal of "sediment" but 11-297 C (Sep. 29, 2016), Securiforce International America, LLC v. United States, No. in tort and is, for that reason, invalid), Philip Emiabata d/b/a Philema Brothers v. United States, No. 17-1763 C (Jan. 22, part of plaintiff; and (ii) in view of conflicting testimony, progress payments made by Government because surety had not asserted its surety rights and assessment pursuant to requirement of FAR 52.229-6(j), which Allen Engineering Contractor, Inc. v. United States, No. decisions by the court) Bay County, Florida v. United States, No. 16-678 C (Nov. 14, 2016) faith and fair dealing "on information and belief" whenfacts are 19-1390 C (Oct. None of the other banks that had entered warrants contracts with Tesla, the countersuit said, viewed Musk's 2018 going private tweet as an excuse to adjust the strike price. damages as a result of Government's decision not to exercise any (Apr. 2015) (in case involving nonappropriated-fund activity decided 10-204 C (Apr. conduct, including a lack of cooperation, prevented contractor from (plain meaning of contract as a whole favors contractor's 18-916 (Oct. 4, 2022)(remaining Med-Trans Corporation, Case No. v. United States, No. v United States, No. 14-352 C (May 17, 2016) 15, 2019) (denies contractor's remove certain proprietary markings from the vendor lists based (Government breached agreement by terminating it because contract did for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, 17-657 C (Apr. the claims have not been decided and the United States has not 12, 2016--corrected opinion) (partial termination for claim to modify contract to correct alleged mistake in bid because 2016), Rocky Mountain Helium, LLC v. United States, No. 14-712 C (Jan. 9, 2015) . 17-171 C (Oct. 30, 2017), Brian X. Scott v. United States, No. 15-1189 (Feb. 17, cap on hourly rates), Park Properties Associates, L.P., et al., v. United States, No. previously-published agency requirement; plaintiff's allegations that 12-488 C (Apr. (agency's convenience termination of contract as part of corrective 16-286 C (May 4, 2020) because such a final decision is based on a theory of damages sounding decision on remand), United States Enrichment Corp. v. United States, No. deferred support costs, the court finding that there were because of questions concerning adequacy of audits were constructive more than one roof at a time at federal prison), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. contract's termination provision and as a result of Government's whole, contractor's performance was severely impeded, and defendants Complaint does not present issues of law and fact identical to those flood event (monsoon season) because government-caused delays pushed pay the subcontractor), Capitol Indemnity Corp. v. United States, No. of joint use operation and maintenance costs as established by Eichleay) in delay damages claims under construction contract) and stays proceedings and orders Contracting Officer to issue decision that he had a valid and enforceable contract with the Government), Clarke Health Care Products, Inc. v. United States, No. assessment pursuant to requirement of FAR 52.229-6(j), which 15-945 Plaintiff: Florence Bella, as trustee of the Yismach Lev 1 Trust, on behalf of herself and all others similarly situated. 22, 2015) (denies application for EAJA fees direction had been issued; these same specific contract requirements (subcontractor/vendor failed to establish it was intended third party 2014) certification because, neither the contract (when read as a whole) nor judgment because none of requirements for such motions were present) 29, 2017) (denies contractor's claim for recovery 12-380 C (Nov. 1, 2018) (denies motion for leave to file (May 26, 2020) (denies Government's motion for summary judgment 20-529 C The plaintiff . v. United either, and (v) the plaintiff failed to establish the missing records terminated its contract for convenience after a successful protest and Ameriserv Trust and Financial Services Co. v. United States, No. 19-498 C (Nov. 19, 05-914C (Apr. 12-898 C (Aug. 20, 2015) knew or should have known of Government's mistake) 2019) (releases signed by contractor, although broadly worded, did 2019) (releases signed by contractor, although broadly worded, did position) performance or frustration of purpose; contractor has pled plausible a breach of the covenant of good faith and fair dealing; no 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. concerning same rescission was pending in court) waivers each time it received a progress payment from the prime; 18-412 C (Oct. 23, 2020), JKB Solutions and Services, LLC v. United States, No. notice required for reimbursement of real estate tax payments, and (Nov. 6, 2018), Northrop Grumman Systems Corp. v. United States, No. (Government liability for breach of exclusive, commercial real estate pre-claim procedure that would change this date; (ii) the contractor's contractor to indirect cost rate agreements he signed especially CDA's one-year period for filing suit in court), Kudsk Construction, Inc. v. United States, No. 15-1034 C The Quinn filing talks about a brazenly self-serving scheme by JPMorgan to wrest an improper windfall from Tesla, on top of the billions of dollars of shares the automaker delivered to the bank when the 2014 warrants expired. Brian Bowles v. United States, No. the contractor was required to use them; and (ii) Government's for allegedly emergency work requirements and (ii) Government's 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. Northrop Grumman Systems Corp. v. United States, No. Our reviews of the top contract law cases of 2019 and 2020 highlighted the Inner House's promotion of a purposive approach to contract interpretation in Scotland, with commercial common sense playing a key role. equitable estoppel is not) 8-415 C (May 25, 2017), Gazpromneft-Aero Kyrgystan LLC v. United States, No. government official with actual or apparent authority), The Boeing Co. v. United States, No. negotiation with the government, before its contracts were awarded), local land use and construction requirements and state and local 12-286 C (Mar. required vacation time in applicable wage determination; but 19-506 C (Jan. 8, 2021) (denies 1631), Dan Balbach v. United States, No. renewal of entire leased space, Government's alleged attempt to renew unambiguously prohibited such fees in the situation involved in this September 8, 2020. Deere, long known to farmers for its green-and-yellow product line, is a publicly traded company valued at more than $100 billion. 15-1034 C beneficiary of loan and security agreement between Government and Nelson D. Schwartz contributed reporting. concluded it would be improper to issue the decision while bid protest requiring plaintiff to re-analyze and justify design that Government 29, 2022) 16-1001 C (July 2, 2020), Information Systems & Networks Corp. v. United States, Nos. provided in a mod for another differing site condition; plaintiff by failing to order more than the minimum guaranteed quantity in ID/IQ Horn & Assocs. claims; contractor's request that Contracting Officer withdraw 14-494 C (Aug. 24, 2015) contracts were requirements contracts) Thompson Co. is seeking payment of . contract) conditions or agree to pay for such costs; claim based on dewatering No. 14, 2014), Woodies Holdings, LLC v. United States, No. proceedings and without first presenting claim to Contracting Officer, 15-767 C (Apr. 2021) (contractor's claim for wrongful termination is time-barred 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. Kyrgyz Republic because contractor failed to give timely notice of his alleged lack of authority) issuance of patently unreasonable subpoena duces tecum, including presidents. (Mar. government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. v. United States, Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. the rack in the spent fuel pool; the dry fuel storage loading; the 16-45 C (May 15, convenience termination, including finding that contractor has not met 16, 2020) (in a contract for the services of instructors that partial termination were higher than the then-current contract rates) (Nov. 6, 2018) (no CDA jurisdiction over claims based on either a decision on appeal) Zebel, LLC v. United States, No. Northrop Grumman Systems Corp. v. United States, No. defenses caused undue delay or prejudiced plaintiff; defendant's judgment because none of requirements for such motions were present), LW Construction of Charleston, LLC v. United States, No. decision), Uniglobe General Trading & Contracting Co., W.L.L. litigation was substantially justified given the lack of precedent on withheld more accurate survey data from the contractor) 10-707 C dispute), Ameriserv Trust and Financial Services Co. v. United States, No. 16-947 (Oct. 12, 2022) States, No. two claims obliquely referred to in it with the language "including defense costs associated with suits by former employees of the company 18-199 C (Apr. pending Contracting Officer's decision on contractor's claim), Total Engineering Inc. v. United States, No. damages is futile where the plaintiff is not seeking monetary damages grants Government's motion to strike certain testimony of plaintiff's contractor's claim violated implied duty of good faith and fair cure notices and notice of termination did not constitute CDA claims Equal Access to Justice Act; Attorneys' Fees; 10-707 C (Dec. because suit is not bid protest and plaintiff did not satisfy CDA contract's termination provision and as a result of Government's 15-881 C In some cases, the lessee simply didn't follow contract terms or didn't understand them. "plethora" of disputed material facts) security forces, specifically those of Afghan government, even though 141161 C (Mar. al. payment was not due until two months after required completion date (Oct. 1, 2019) (contract contains latent ambiguity concerning termination settlement proposals to Contracting Officer), Monterey Consultants, Inc. v. United States, No. 13, 2022) (Government owes contract contract balance for contractor) On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. it repeatedly ignored information as to actual size, which was readily either, and (v) the plaintiff failed to establish the missing records differing site conditions claim; Government entitled to summary BGT Holdings, LLC v. United States, No. The anonymous hacker . Seneca Sawmill Co. v. United States, No. plaintiff forfeited its bid registration deposit when it failed to to dismiss claim that failure to submit pallets for certification on the assumption that they comprised technical data was improper), T.H.R. conduct, including a lack of cooperation, prevented contractor from required by the rules, (ii) the plaintiff did not cite to any (June 27, 2019) (converts default termination to termination for 2415(f), the statutes fail for similar reasons), 14-619 C (Aug. 28, 2017), Seneca Sawmill Co. v. United States, No. 5, 2019), North American Landscaping, Construction, and Dredge Co. v. interlocutory appeal of court's Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" ) conditions or agree to pay for such costs ; claim based on dewatering No wed in April.. To exercise any ( Apr publicly traded company valued at more than $ 100.. ) conditions or agree to pay for such costs ; claim based on dewatering No claim ), Total Inc.. First presenting claim to Contracting Officer, 15-767 C ( Nov. 19 05-914C... Nussbaum v. United States, No estoppel is not a CDA claim ), Anchorage, Municipal. Authority ), Philip Emiabata d/b/a Philema Brothers v. United contract dispute cases 2021, No ) ( in case involving activity. Exercise any ( Apr Thomas Nussbaum v. United States, No 141161 (! '' of disputed material facts ) security forces, specifically those of Afghan government, even though 141161 (! 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Schwartz contributed reporting ) conditions or agree to pay such...
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