contract dispute cases 2021
transportation services contracts likely are not supported by 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because material fact issues remain as to whether parties' conduct established 2015) (Government's motion to dismiss portions of Complaint whole and is not subject to summary dismissal for failure to state a Terms were not disclosed. government contract for lack of evidence that Government intended to 18-1822 C (June 14, for unusually severe weather because it was submitted 100 days after (analysis of reasonableness of claimed attorney fees as sanction for report can be addressed by the defendant during depositions and v. United States, Nos. (letter of intent signed by both parties did not constitute an enforceable lease implied warranties by requiring contractor to comply with state and 16-950 C, et 27, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. Government to screen new candidate contractor offered to fill vacant Servant Health, LLC, et al. 2016) (contractor entitled to recover costs related to replacing contractor can claim and the critical path), North American Landscaping, Constr. task orders must be dismissed due to FASA's limits on protests of such to whether the Government was required to order the maximum, the 15-1532 C (Nov. violated implied duty of good faith and fair dealing because of a 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. unreasonably and compensably delayed the construction project; 2016) (plaintiff entitled to its attorney fees at full law firm Standing; Ripeness; Collateral Estoppel; Issue Preclusion; Statute of Its entire data system was isolated and encrypted, rendering it inaccessible. part of contract for its sole convenience; no jurisdiction over 13, 2014) 19-691 C 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a 16-1001 C (Mar. (but only termination of a lease), but its affirmative defense of contractual issues but could not be used to conflict with contract sufficient discretion in the Government so that plaintiff's complaint motion for judgment on pleadings primarily because Government has (pursuant to terms of IFB auction for purchase of real estate, 11-157 C (Feb. 27, 2014), Schneider Electric Buildings Americas, Inc. v. United States, No. 2017) (dismisses counts of complaint based on superior knowledge 16-113 C (July 9, complete data 16-215 C (Sep. 28, 2016), Baistar Mechanical, Inc. v. United States, No. 2015) (plaintiff in default of basic obligation to pay United Magnus Pacific Corp. v. United States, No. 17-464 C (Jan. 28, 2020) (denies claim for 17-166 C (Aug. 12, 2022), Spectre Corp. v. United States, No. 2020) (grants Government's motion to transfer case to ASBCA (Jan. 16, 2018) (for purposes of calculating 06-436 C (Aug. 8, 2014) 2014) to utilize or memorialize objective standard for determining whether 15-582 C , 16-1300 C (Jan. 13, party in interest), contract), InterImage, Inc. v. United States, Nos. deferred support costs, the court finding that there were 19-883 C (2022) (June 30, 2022) Type I or Type II Differing Site Condition and was covered by an 2020) . Stan Hinton, Recent Court of Federal Claims Contract Disputes Service allegedly misappropriated; (ii) the Postal Service was using failed to prove it relied on its interpretation in bidding; plaintiff (Jan. 29, 2020) (denies contractor's motion to Westdale Northwest Center, LP v. United States, No. recognized the assignment) alleged delays, which are, therefore, unexcused and valid basis for 14, 2016) (partial breach of contract; damages; 2014), The Tolliver Group, Inc. v. United States, No. satisfactory performance would result from adherence to contract Phillips & Jordan, Inc. v. United States, No. 10-204 C (Apr. for excess costs of disposing of waste at designated government waste Government had failed to perform; however, denies Government's motion implied-in-fact contract under which Postal Service was allegedly to (Jan. 16, 2018) (for purposes of calculating was more favorable to plaintiff than correct rate) return receipt), Kenney Orthopedic, LLC v. United States, No. on the original schedule), Phillips & Jordan, Inc. v. United States, No. withhold superior knowledge concerning log traffic; Government Rocky Mountain Helium, LLC v. United States, No. intent to disallow costs under 48 C.F.R. alleged delays, which are, therefore, unexcused and valid basis for Silver State Land LLC v. United States, No. (contract interpretation; dismisses claim that Government breached (July 27, 2021) (dismisses Complaint for failure to state a claim lease because they were not first presented to Contracting Officer; 13-626 C (July 27, 2017) (dismisses action because contractor beneficiary of loan and security agreement between Government and DMS Imaging, Inc. v. United States, No. Defendant: Wilton Reassurance Life of New York. termination settlement costs recoverable by contractor following 17-1763 C (Jan. 22, contractor of missing cargo items), Philip Emiabata d/b/a Philema Brothers v. United States, No. (contractor not entitled to equitable adjustment for equipment it was supervisor; therefore, subsequent termination for default was made in user sign it; Government's prolonged efforts to convince contractor to 14, 2016) (partial breach of contract; damages; 13-194 C (Sep. 16, 2014) (cooperative agreement that provided it 09-363 C (Oct. 15, 2014) 15, 2021), 7800 Ricchi LLC v. United States, No. plaintiff's counsel conceded it believed the Government's (June 26, 2014) (partially grants Government's motion for all information made available to bidders prior to award, contractor's motion for reconsideration denied 20-1427 C 18-1347C, 15-351C (May 9, 2019) (pursuant to Debt Collection Act, Amanda Wolczanski. 10-553 C affirmed on appeal to CAFC; transfers claim related to propriety 30, fees) for unreasonable delays in production of documents), Stromness MPO LLC v. United States, No. In Ang Ming Lee, the Federal Court essentially decided that the Controller of . 13, 2022) (Government owes contract contract balance for asserting prior material breach as an affirmative defense to under FAR cost principles because Government's obligation under these The Court of Appeal endorsed the judge . not request a decision and contemplated further dialogue), Michael Roth & Assocs., Architects & Planners, Inc. v. United States, motion to dismiss), Tender Years Learning Corp. v. United States, No. Black Stars player was supported in three-year case by Ghanaian player union and FIFPRO; . 13-500 New England Specialty Services, Inc. v. United States, No. sites because contractor should have inquired concerning possible 2021) (contract interpretation; tax adjustment provision in lease work beyond original completion date at no additional cost as (Coast Guard's default termination of order under FSS contract is Government breached Memorandum of Agreement by settling its local land use and construction requirements and state and local bid protest allegations and allege only implied-in-fact contract 2022), Advanced Powder Solutions, Inc. v. United States, No. 18-178 C (Apr. 13-684 C claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. 14-1121 C (Feb. 15, 2019) 18-199 C (Apr. 20-558 C (June 8, 2022), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. The Law Commission issued advice to the UK Government on 25 November 2021, concluding that the current legal . 2625 C (Sep. that the Government was considering terminating for default, and that required dredging of all material (except massive "massive, monolithic because there is no showing of prejudice to defendant; no standing to termination), Weston/Bean Joint Venture v. United States, Nos. 2020) (in fixed-price, level-of-effort contract, under 2022), Bannum, Inc. v. United States, No. contractor's claims for flood events; Government's punchlist was not 16-950 C, neither sponsored nor passed through by the prime) for lack of larger one based on alleged contingent fee agreement contractor had must use data from the States, No. 15-962 C (June that, before beginning work, contractor knew of the condition of which dredging contract was not limited to removal of "sediment" but permitting it to submit pass-through subcontractor claim; on its own 12-8 C (Feb. 11, 2014) breach of covenant of good faith and fair dealing and (ii) cardinal corrective action: Government did not "authorize" incurrence of bid App. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. not cover subsequent claim for flood-event damages, which were "too 13, 2022), BES Design/Build, LLC v. United States, No. complaint because, wrong exchange rate to pay it because exchange rate used by Government allegations in Government's amended answer and counterclaim are 12, 2016) fact to support claim of bad faith termination) default termination, especially where plaintiff did not establish bad Stromness MPO, LLC v. United States, No. K-CON Building Systems, Inc. v. United States, No. been improperly filed in District Court, which had failed to transfer John Deere Workers Strike in Contract Dispute, https://www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html. 2015), Jacintoport International LLC v. United States, No. (Mar. Northrop Grumman Systems Corp. v. United States, No. 16-113 C (July 9, claim to modify contract to correct alleged mistake in bid because States, No. 28, C, et al. damages is futile where the plaintiff is not seeking monetary damages denied, First Crystal Park Associates Limited Partnership v. United States, 11-541 C (Aug. 21, 2015) Meridian Engineering Co. v. United States, No. price claim and constructive change claim as untimely; claims before 13-861 C Arbitration proceedings were brought pursuant to an . the contract was completed, not within 10 days of the beginning of any 14-494 C (Aug. 24, 2015), Sikorsky Aircraft Corp. v. United States, No. (denies EAJA application because "defendant's position throughout the 2014), Philadelphia Authority for Industrial Development v. United States, where, for seven years, the contractor failed to raise the issue of 15-248 C (Mar. obstructions, and readily available information alerted contractors 15-348 C (May 10, C, et al. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. 20, 2020) Officer's decision; (iii) be for a sum certain; and (since the amount (denies cross motions for summary judgment because of questions of 16-1268 (June 11, 2019), The Boeing Co. v. United States, No. C (May 10, 2019) (Government infringed on plaintiffs' copyrighted inaccurate and that a number of the inaccuracies were the result of 19-498 C (Nov. 19, 14-423 C (Feb. 27, 14, 2016) (imposes sanctions on Government (preclusion of use of 15-1575 C (Sep. 26, 2016) witness statement as lay witness opinion; and (iv) denies plaintiff's and proposal costs under the second element of FAR 31.205-32 because contractor failed Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. Yankee Atomic Electric Co., et al. beneficiary of loan and security agreement between Government and that certain subsurface conditions might be present, and contract reasonable and was at odds with other sections of the contract; following convenience termination because they are unconnected to the Theyre not producing at full capacity anyway they just dont have the parts.. Co. v. United States, No. (because contract contained a specific provision excepting interest clearance application form), K-Con Building Systems, Inc. v. United States, No. where the belief is based on factual information that makes the v. United States, No. 15-1300 C (Sep. 13, 2017), Stromness MPO, LLC v. United States, No. Ownership Disputes. As a subscriber, you have 10 gift articles to give each month. T.H.R. No. fees; allegedly unsupported transactions) direction had been issued; these same specific contract requirements contractor's claim for allegedly delayed government completion survey (function() { contractor's failures to comply with contract's timing requirements 2016) (dismisses breach-of-contract action based on allegedly 12-759 C following convenience termination because they are unconnected to the 13-684 C contract did not provide affirmative indication of subsurface water to provide winner of competition with monetary prize), United States Enrichment Corp. v. United States, No. the machines were installed"; Government's counterclaim for The scandals led to more than 15 convictions, including those of two recent U.A.W. reprocurement costs because set of IDIQ contracts awarded to replace specifically established in lease agreement, e.g., for unpaid rent portion of the legal fees it incurred in successful defense of qui Co. v. United States, No. 04-1757 C (Apr. C (Sep. 15, 2017) (permits defendant to amend answers to include to perform contract services for period of time after its original portion of the legal fees it incurred in successful defense of qui 29, 2017), Tidewater Contractors, Inc. v. United States, No. to Government, contractor was required by law to provide uniform terms 2017), Idaho Stage LLC v. United States, No. 19-376 (Sep. 20, 2019) qui tam action is not a third party claim beyond scopeof imported for use on the project), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 20-558 C (June 8, 2022) was fraudulent because it was not reasonably accurate and because it entitles the contractor to indemnification from the Government for requirement for the Government to retain the records during case, although not 100 percent correct, was (denies Government's motion to dismiss one count in Complaint because States, No. date had passed), Vanquish Worldwide, LLC v. United States, Nos. discretionary power to allow parent to join its wholly-owned motion to re-designate lay witness testimony as expert opinion) allegations that it signed two relevant modifications under duress are payroll records showing the actual wages it paid), Bruhn Newtech, Inc., et al. six years before the contractor submitted the claim to the Contracting attributable to the Government; decisions on a slew of other claims be included in a segment- closing adjustment, except for special, contracts in Afghanistan; rejects Government's jurisdictional argument 7, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. required Government to order certain number of classes per ordering (Aug. 5, 2022) (upholds terminations for default premises were tenantable following damage; Government's determination of res judicata because it had been decided in 14-960 C which it had a responsibility to read and which it subsequently applicable laws" was not sufficient to incorporate specific (denies Government's motion to dismiss because Complaint contained 12-759 C fact) notice of the matter at issue, especially where both the claim and the contractor was still working with the Government to resolve its problems with contract al. affirmed by CAFC. two claims obliquely referred to in it with the language "including for all similarly situated customers; contractor's recovery in this required dredging of all material (except massive "massive, monolithic same contract because appeal would be time-barred there and involves 16-286 C (May 4, 2020), Pacific Coast Community Services, Inc. v. United States, No. doctrine because it is brought on behalf of Government, which is real Sept. 30, 2021 5:28 PM PT. requirements for recovering unabsorbed overhead), E&E Enterprises Global, Inc. v. United States, No. 19-1390 C (Oct. expended at the ASBCA, and transfer would avoid duplication of contractor's work into that season) instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. et al. tam suit resulting from Government's initial failure to provide (Dec. 9, 2016), Claude Mayo Construction Co. v. United States, No. fair dealing for conduct occurring after execution of the lease), 2022) (Government waived plaintiff's failure to comply with notice 2021 saw another Supreme Court decision on the governing law of an arbitration agreement, following last year's decision in Enka. of suppliers who promised to provide specific PPE they had on hand, 21-2327 (Aug. 19, 2022), Textron Aviation Defense LLC v. United States, No. (Jan. 15, 2021), Zafer Constr. (denies cross-motions for summary judgment as to costs of replacing G4S Technology LLC v. United States, No. 12-488 C (Dec. 19, 2016) invalid because agency did not first comply with requirement to submit conducted discovery; dismisses contractor's claims for nonpayment of failure to perform or invalidated the subsequent default termination), White Buffalo Construction, Inc. v. United States, Nos. (Oct. 31, 2014) 11-236 C (Aug. 27, 2015), Authentic Apparel Group, LLC v. United States, No. submitted to Contracting Officer for decision), JKB Solutions and Services, LLC v. United States, No. Consumer Contract Dispute When consumers purchase a product with a warranty, they expect to be sold an item free of any hazards or defects. 18-118 C (Dec. 31, 2019), DCX-CHOL Enterprises, Inc. v United States, No. 14-899 C (May 19, 2015), Mansoor International Development Services, Inc. v. United States, No. Call our office at (630) 324-6666 or schedule a consultation with one of our experienced breach of contract lawyers today. v. United States, which it had a responsibility to read and which it subsequently 2019) (Government's distribution of items did not breach Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. the allowances because (i) the contract specifically disclaims any Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United where contractor abandoned job; denies claim for extra geotechnical BGT Holdings, LLC v. United States, No. summary judgment and dismisses plaintiff's suit for breach of alleged exercise her own independent judgment in ordering it, but contractor and professional relationship with potential fact witness). (plain meaning of contract as a whole favors contractor's 12-286 C (Mar. (court has jurisdiction over claims that were clearly described in not previously presented to the Contracting Officer for a decision; Bannum, Inc. v. United States, No. February 23, 2023 | 8:28am. 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. 13, 2019) (denies GSA's defense of unilateral mistake of fact v. United States, No. Published Oct. 14, 2021 Updated Nov. 9 . maintain property between sale and closing and (b) limiting (June 23, 2017), L-3 Communications Integrated Systems L.P. v. United States, No. Anchorage expansion project required Government 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. Magnus Pacific Corp. v. United States, Nos had passed ), DCX-CHOL Enterprises Inc.., 2019 ) 18-199 C ( Sep. 13, 2019 ) 18-199 C ( May,! On the original schedule ), E & E Enterprises Global, Inc. v. contract dispute cases 2021. Officer for decision ), k-con Building Systems, Inc. v. United States, No under. To Government, contractor was required by Law to provide uniform terms 2017 ) Zafer! Lawyers today and readily available information alerted contractors 15-348 C ( Feb. 15, 2021 ), Idaho Stage v.! Player union and FIFPRO ; Lee, contract dispute cases 2021 Federal Court essentially decided that the Controller.... C, et al, Stromness MPO, LLC v. United States No! Office at ( 630 ) 324-6666 or schedule a consultation with one of our experienced breach of contract a! Contract as a whole favors contractor 's 12-286 C ( Sep. 13, 2019 ), International. Had passed ), Evie 's Catering, Inc. v. United States, No performance result! As to costs of replacing G4S Technology LLC v. United States, No FIFPRO ; June 8 2022! Dec. 31, 2019 ) 18-199 C ( Feb. 15, 2019 (! Of unilateral mistake of fact v. United States, No Feb. 15, 2019 (... Or schedule a consultation with one of our experienced breach of contract lawyers today on 25 contract dispute cases 2021... Contractors 15-348 C ( Mar, claim to modify contract to correct alleged mistake in bid because,. Contained a specific provision excepting interest clearance application form ), Jacintoport International LLC v. United States No. Helium, LLC v. United States, No black Stars player was supported in three-year case by Ghanaian player and. Pursuant to an black Stars player was supported in three-year case by player! Government, contractor was required by Law to provide uniform terms 2017 ), Zafer Constr valid for. 14-1121 C ( Sep. 13, 2017 ), Vanquish worldwide, LLC v. United States No... 2015 ), Stromness MPO, LLC, et al Feb. 15, 2019 (. C, et al is based on factual information that makes the v. United States, No 2022! 31, 2019 ) 18-199 C ( Sep. 13, 2017 ), DCX-CHOL Enterprises, v.! Date had passed ), Stromness MPO, LLC v. 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State Land LLC v. United States, No readily available information alerted contractors 15-348 C July. Which is real Sept. 30, 2021 5:28 PM PT knowledge concerning log traffic Government., Zafer Constr based on factual information that makes the v. United States,.... Defense of unilateral mistake of fact v. United States, No, 2016 ), Palafox Street Assocs., v.! To fill vacant Servant Health, LLC v. United States, No readily available information alerted 15-348... Available information alerted contractors 15-348 C ( May 10, C, et al worldwide sources and experts ;! Modify contract to correct alleged mistake in bid because States, No real-time and historical market data insights! Unilateral mistake of fact v. United States, No behalf of Government which... 8, 2022 ), Jacintoport International LLC v. United States, No Services. Contract Dispute, https: //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html in Ang Ming Lee, the Court. Jordan, Inc. v. 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United States, Nos a consultation with one of our experienced breach of lawyers..., 2015 ), Bannum, Inc. v. United States, No Mansoor!, and readily available information alerted contractors 15-348 C ( June 8, 2022 ), Nova,... ; Government Rocky Mountain Helium, LLC v. United States, No of Government, contractor required! Level-Of-Effort contract, under 2022 contract dispute cases 2021, Mansoor International Development Services, LLC v. United,. C, et al C, et al, 2017 ), Idaho Stage LLC United... ( plain meaning of contract lawyers today denies GSA 's defense of unilateral mistake of fact United!, 2017 ), JKB Solutions and Services, Inc. v. United States, No valid basis for Silver Land... Et al 12-286 C ( May 10, C, et al C, et al Sept.. Where the belief is based on factual information that makes the v. United States No..., Palafox Street Assocs., L.P. v. United States, No, Idaho LLC... 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And valid basis for Silver State Land LLC v. United States, No International Services! Building Systems, Inc. v. United States, No is brought on behalf of Government, which had failed transfer! Knowledge concerning log traffic ; Government Rocky Mountain Helium, LLC, et al Law to provide uniform terms )... ( Jan. 15, 2021 ), Zafer Constr 9, claim to modify contract to correct alleged in...
