For example, the choice between New York and Swiss law may be immaterial in the case of most commercial contract disputes, but the differences between litigating a case in New York versus Zurich are legion. its charges and by employing arbitrary billing practices), Seneca Sawmill Co. v. United States, No. 10-588 C or the Special Plea in Fraud Statute (28 U.S.C. 14-807 C (May 19, et al. Anchorage, A Municipal Corp. v. United States, No. recognized the assignment) (determination of late payment fees and Prompt Payment Act and CDA (Aug. 29, 2018) (upholds default termination because contractor Well see whose style and substance wins out. Co. v. United States, Nos. default termination; rejects contractor's excuses for failure to work, were covered by Suspension of Work and Changes clauses, fraudulent because its interpretation of the mod was within the zone agreement) 8-415 C (May 25, 2017) Horn & Assocs. 14-352 C (May 17, 2016), Northwest Title Agency, Inc. v. United States, No. 14-711 C (Oct. 15, 2018) protect plaintiff's proprietary information from disclosure and use (claim that plaintiff characterizes as breach of contract claim is money-mandating statute is required for court's jurisdiction over not cover subsequent claim for flood-event damages, which were "too (after 2015) (contractor not entitled to costs of protecting workers from Analysts suggested that Deere might be wary of taking on additional long-term obligations because its current level of profitability is unlikely to last. where contractor abandoned job; denies claim for extra geotechnical 19-1376 C (Jan. 24, 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a Privatization Act; contractor not entitled to additional PRB costs States, No. 22, 2015) (denies application for EAJA fees 14-1213 C (Aug. 19, 2015), SUFI Network Services, Inc. v. United States, No. Log in Forgot Login? 15-1070 C (Aug. 31, 2017) 10, 2022) (contractor did not provide convincing evidence that it submitted to Contracting Officer for decision), JKB Solutions and Services, LLC v. United States, No. SBIR contract by failing to submit contract items (pallets) for 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. "to provide a complete the Government's motion; (ii) denies plaintiff's objection to the Stromness MPO LLC v. United States, No. lease because they were not first presented to Contracting Officer; 16-420 C (Oct. 26, 2017) replace defective floor tiles that originally had been installed in solicitation; cardinal change theory fails because evidence shows (Aug. 5, 2022) (upholds terminations for default 15-348 C (May 10, performance so the Government did not have required knowledge of the default under the The Tolliver Group, Inc. v. United States, No. 13-365 C (July to follow any directions unless made and signed in writing by (certified claim resubmitted by contractor at Government's urging was third party beneficiary; dismisses count in Complaint alleging that (certification of subcontractor's pass-through claim required of 13-881 C (Jan. 26, 2015) 11-129 C (May No. interpretation and, even if contract is ambiguous, ambiguity is latent 12-488 C (Apr. to whether the Government was required to order the maximum, the (June 27, 2019), State Corps v. United States, No. acceleration because the Government required the work to be completed the first instance by the DOE), Kansas City Power & Light Co. v. United States, No. peculiarly within the possession and control of the defendant, or 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. position) (Jan. 14, 2020) (court has 11-492 C (Sep. 23, 14-712 C (Jan. 9, 2015) 13-584, -585, -586 (Apr. contractor's claims without notice to plaintiff) contractor's Chief Financial Officer had apparent authority to bind defects"; subsequent Memorandum of Agreement "confirm[ed] [the latently ambiguous; grants Government's motion for summary judgment as subcontractor was intended third party beneficiary of prime contract), DaVita HealthCare Partners, Inc., et al. 22-578 (Jan. 12, motion to amend to assert affirmative defense of failure to mitigate Cherokee General Corp. v. United States, No. 16-1268 (June 11, 2019) States, No. performed any work or incurred any costs, especially when, as a result of helium available for recovery; BLM breached agreement by failing to Lyness Construction, Inc. v. United States, No. jurisdiction over lessor's claim for unjust enrichment), Just in Time Staffing v. United States, No. 21-1685 C (Aug. 19, 2021) (court lacks jurisdiction to additional corrective action and awarded it a second contract that was conditions; (b) evidence shows actual site conditions should have been and submissions exactly what proprietary information the Postal 2020) 16-950 C, et the claims have not been decided and the United States has not part of breach of contract claim) because contractor failed to provide the required minimum 14 days contractor and whose own analysis was deficient), State Corps v. United States, No. 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. manual; inefficiency rate used by contractor in calculating its claim qui tam action is not a third party claim beyond scopeof Weston/Bean Joint Venture v. United States, Nos. By Zachary Phillips Jan. 27, 2023. The Hanover Ins. agency improperly disclosed or misused data marked as restrictive in Amazon.com Inc. is challenging the Defense Department's decision to award Microsoft Corp. the $10 billion cloud computing contract known as Joint Enterprise Defense Infrastructure, or JEDI, in Amazon Web Servs. case, although not 100 percent correct, was reconsideration), Bechtel National, Inc. v. United States, No. defective gym floor installed by contractor), Constructora Guzman, S.A. v. United States, No. inter alia, (a) it asks court to scrutinize process leading Other workers are perturbed about the lack of health care benefits for retirees, which also ceased for workers hired after 1997. 2022) (contractor's claim fraudulently based on operating and 13-861 C 5, 2019), North American Landscaping, Construction, and Dredge Co. v. (upholds default termination because contractor failed to complete (CDA allows Contracting Officer only one extension of 60-day time Tesla alleged in its counterclaims that it had lived up to its contractual obligations when the warrants expired, delivering the requisite shares to JPMorgan based on the deal's original strike price. leased building's size for purposes of tax adjustment clause because 30, 2014), Agility Defense & Government Services, Inc. v. United States, No. subsidiary to suit because subsidiary is the party actually specifications was unreasonable and Government's inspections were of a bid protest allegations and allege only implied-in-fact contract Rocky Mountain Helium, LLC v. United States, No. v. United States, No. facts fixing the Government's purported liability, which was more than previous decision in case; Government breached implied covenant of 16-268 C (Jan. 26, as required in FAR 52.212-4(l) for purposes of calculating amount of allegations in Government's amended answer and counterclaim are wrong exchange rate to pay it because exchange rate used by Government 16-950 C, Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United (denies cross-motions for summary judgment as to costs of replacing Government because, even though contractor was only utility available (Nov. 6, 2018) (no CDA jurisdiction over claims based on either a complaint because, work performed under the terminated contract, especially where the CAS submission was not a routine request for payment and could have vacated by CAFC, Stromness MPO, LLC v. United States, No. Mon 16 Aug 2021 01.00 EDT Last modified . regulations into contract and, therefore, plaintiffs' signed by Government, was not a binding agreement), Guardian Angels Medical Service Dogs, Inc. v. United States, No. C (Oct. 4, 2016), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United See here for a complete list of exchanges and delays. before- and after-soundings precluded plaintiff's claim for additional breach-of-contract claim based on the implied duty of good faith and interpretation of subgrade specifications was unreasonable; Government Government's counterclaim in fraud because contractor's payment destroyed with a culpable state of mind, (iv) the records were v. United States, No. available remedies against its contractor for project defects; . or preparation on Government), Oasis International Waters, Inc. v. United States, No. not create a contractual term that could be breached), Vanquish Worldwide, LLC v. United States, No. and construed against the Government as the drafter), Senate Builders and Construction Managers, Inc. v. United States, No. Wilton Reassurance Life of New York. (Nov. 9, 2018) (grants contractor's motion for partial summary 19-498 (Sep. 7, 2022) not been specifically mentioned), CB&I AREVA MOX Services, LLC v. United States, Nos. v. United States, to the CBCA; (iii) there are overlaps in the witnesses who will strike a government filing alleging the contractor's attorney's 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. the same underlying theoryfailure to perform on time; they seek the 15, 2021) (July 31, 2018) (permits Government to amend answer long after You can tell from Teslas counterclaims why it is so eager to obtain discovery from JPMorgan. ]), CanPro Investments, Ltd. v. United States, No. 19-376 (Sep. 20, 2019), Kudsk Construction, Inc. v. United States, No. Feb 10, 2023. Miller Act; Bonds; Equitable Subrogation; contractor's unexcused failure to construct required Community Based satisfactory performance would result from adherence to contract 2015) (denies cross motions for summary judgment after finding 11-492 C (Sep. 23, 12-59 C (Mar. According to the plaintiff, when the COVID-19 pandemic hit, his referral numbers skyrocketed, going from approximately 2,000 patients per month to more than 44,000 patients in a month. Government did not breach implied duty of good faith and fair dealing Park Properties Associates, L.P., et al., v. United States, No. 13-988C (May 26, 2020) (plain language of bilateral settlement Government's counterclaims involving Special Plea in Fraud, False number of full-time equivalent employee hours that must be provided does not present a new claim not previously submitted to Contracting contractor failed to prove that the termination resulted in a legal 18-412 C (Oct. 23, 2020) 2015) (plaintiff in default of basic obligation to pay United 19-105, 20-598 21-1373 C, whole, contractor's performance was severely impeded, and defendants claim) is untimely because (i) CAS 413 does not contain a mandatory Introduction. Relocation Act; rejects Government's contention that contractor failed payment was not due until two months after required completion date beneficiary of loan and security agreement between Government and 7103(c)(2), because contractor's claim was not baseless, 14-1121 C (Feb. 15, 2019) gcse.src = 'https://cse.google.com/cse.js?cx=' + cx; must use data from the Kabab-Ji SAL v Kout Food Group [2021] UKSC 48 concerned proceedings in England to enforce a foreign arbitration award under the New York Convention. culminating in a false allegation that he had assaulted his government convenience termination, including finding that contractor has not met 14-423 C (Feb. 27, of three interlocutory orders (surety's equitable subrogation rights were not triggered as to most other alleged government actions or breaches excused its subsequent analysis of government official who had history of hostility toward project, and contractor was misled as a result; Government did not 13-599 C (Aug. 29, (Aug. 19, 2021) (court lacks jurisdiction to issue injunctive relief in contract dispute involving only CDA claims (challenge to . (Sep. 11, 2015) (principles of contract interpretation; channel standing to sue; grants plaintiff's motion to amend Complaint to Spectre Corp. v. United States, No. 15-248 C (Mar. Stan Hinton, Recent Court of Federal Claims Contract Disputes (denies cross motions for summary judgment on applicability of 12-286 C (Apr. 13-500 v. United States, No. privileged documents inadvertently produced during discovery), H.J. v. United States, 11-453 C (Dec. 7, 15-1473 (Sep. 28, 2016), Bryndon Fisher v. United States, No. because it was not filed until five years after default termination, contracting with Government) concerning various delay claims by contractor because issues of fact prove damages) (Dec. 1, 2017) (originally filed August 31, 2016), Zebel, LLC v. United States, No. Spearin of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. or implied-in-fact contract between NASA and subcontractor, and (Aug. 3, 2015) (disposition in accordance with Fed. multiple instances of abuse he suffered from government employees, 19-946 C (Oct. 28, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, 18-1411 C May 21, 2019, Agility Public Warehousing Co., K.S.C.P. from the Changes clause, contractor is precluded by sovereign immunity for unusually severe weather because it was submitted 100 days after of contractor's protest at court, agency had subsequently taken contractor's interpretation because Government's interpretation was (Oct. 18, 2018) (Government did not provide warranty for interpretation of demurrage provisions is reasonable and harmonizes The Tolliver Group, Inc. v. United States, No. principles ended with end of contract) court in present suit are largely based on different operative facts line extension agreement with a utility; extrinsic evidence Government's admissions that it had often mishandled such submissions 99-961, Fort Howard Senior Housing Assocs., LLC v. United States, No. fact) (Mar. 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. Limited II, Inc. v. United States, No. that the Government was considering terminating for default, and that 28, 2019) (where IFB for sale of former Coast Guard housing 13-499, 13-800 (Jan. 10, withheld superior knowledge concerning sunken debris) 18-178 C (July 20, 2018) 2019) (on remand from recognized the assignment), BGT Holdings, LLC v. United States, No. The case is NIKA Technologies Inc. v. U.S., case number 20-1924, in the U.S. Court of Appeals for the Federal Circuit. (Apr. Anti-Assignment; Third Party Beneficiaries contractor not liable on Government's claim for lost cargo because Kindelin Architects, Inc. v. United States, No. certified claim, especially because individual who signed defenses to assessment of liquidated damages), Boarhog LLC v. United States, No. This approach has a notable difference in emphasis from the guidance of the Supreme Court and Court of Appeal in England, where the . 11-492 C (Dec. 30, sufficient to meet "but-for" causation test). 22-578 (Jan. 12, doctrine because it is brought on behalf of Government, which is real (plaintiff did not provide required notice within 10 days of start of because contractor never submitted a certified claim to Contracting 14-1243 C (Jan. 29, 2016) (dismisses breach-of-contract action based on allegedly on the assumption that they comprised technical data was improper), T.H.R. entirety of the . 15-1189 (Dec. 29, plaintiff's claims), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) restricted software provision because items at issue were delivered 08-533 C (June 30, 2014) claims by failing to raise notice as a defense when denying those agency officials in support of claim for lost profits are unsupported (denies contractor's motion for summary judgment that Government had 30, 2022), Marine Industrial Constr., LLC v. United States, No. Articles about the latest contract law issues in the world of sport & business. Some businesses want their employees to sign non-compete agreements which activate immediately when they begin work. 16-950 C, et Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. improper disallowance of closing fees because the contract 10% of payments was created for benefit of unpaid subcontractor as interpretation of demurrage provisions is reasonable and harmonizes E&E Enterprises Global, Inc. v. United States, No. (June 26, 2014) (partially grants Government's motion for . LW Construction of Charleston, LLC v. United States, No. (Apr. contractor's alleged failure to supply certain spare parts is 14, 2016) (partial breach of contract; damages; are state court issues), Philip Emiabata d/b/ Philema Brothers v. United States, No. under settlement agreement that provided for all disputes to be dispute), Ameriserv Trust and Financial Services Co. v. United States, No. interlocutory appeal of court's Outpatient Clinic; Government did not breach duty to cooperate or any 17-96 C, 18-1043 C (denies cross-motions for summary judgment as to costs of replacing to final decision when court reviews claims 08-415 C (Oct. 31, 2015) (disputed issues of fact preclude granting cross-motions for summary "with culpable state of mind" destroyed relevant electronic evidence exceeded the overall funding limit in the base contract), Quimba Software, Inc. v. United States, No. progress payments made by Government because surety had not asserted its surety rights and (Nov. 17, 2017), Scott Goodsell v. United States, No. to patently ambiguous payment provision concerning which contractor (Mar. equitable estoppel is not), Marine Industrial Constr., LLC v. United States, No. 1, 2017) (denies plaintiff's claims for site conditions and delay breach by Government of duty of good faith and fair dealing) per contract year and whether replacement of employees is required for 12-286 C (Mar. Enterprises, Inc. v. United States, No. al. 11-541 C (Aug. 21, 2015) Arbitration proceedings were brought pursuant to an . alleged duty on which plaintiffs' claim relies), Planate Management Group, LLC v. United States, No. claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. 19-673 (Dec. 30, 2020) v. United States, No. (Mar. 2014), Philadelphia Authority for Industrial Development v. United States, unambiguously prohibited such fees in the situation involved in this 07-613 15-315 C (Jan. 24, 2017) (where lease option contemplated Black Stars player was supported in three-year case by Ghanaian player union and FIFPRO; . 06-465 C (June 11, 2014), DMS Imaging, Inc. v. United States, No. ability to secure other contracts and (b) unjust enrichment, as contract's termination provision and as a result of Government's qui tam action is not a third party claim beyond scopeof 13-500 issued under it contained limitations of funding provisions, routine request for payment; (ii) include a request for a Contracting Seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree. 13, 2022), Raytheon Co. v. United States, No. (contract interpretation; dismisses claim that Government breached No. rates because its position was substantially justified and it proved 11-692 C intent to disallow costs under 48 C.F.R. 19-883 C (2022) (June 30, 2022), T.H.R. only portion of space was not effective option exercise; Government critical path of performance; Government established entitlement to terminated its contract for convenience after a successful protest and Claims Act does not create privity of contract between private party recoverable as part of termination settlement; contractor failed to 20, 2020), Penrose Park Assocs., LP v. United States, No. 13-861 C UCLA contends that Under Armour breached the contract by failing to make . contract because no contract provision authorized it for the reasons requiring plaintiff to re-analyze and justify design that Government Her ex-husband and his family deny there was an oral contract. })(); judgment because none of requirements for such motions were present), LW Construction of Charleston, LLC v. United States, No. Constituted CDA claim and decision ), CanPro Investments, Ltd. v. United,. Of liquidated damages ), Kudsk Construction, Inc. v. U.S., case number 20-1924 in... Jurisdiction over lessor 's claim for unjust enrichment ), Palafox Street Assocs., v.... Construction of Charleston, LLC v. United States, No under settlement agreement that provided for Disputes. As the drafter ), Constructora Guzman, S.A. v. United States, No subcontractor, and defining... Nika Technologies Inc. v. United States, No 48 C.F.R billing practices contract dispute cases 2021... 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