causation; cask loading costs; cask drop analysis; fuel handling 14-1170 C (Sep. contractor's damages claim must fail because it failed to provide any 2016), Ulysses, Inc. v. United States, No. failed to present claim to Contracting Officer based legal theory 18-1943 C (July 9, 2020). (Oct. 31, 2014), Lake Charles XXV, LLC v. United States, No. 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. not request for reconsideration of original claim), The Hanover Insurance Co., et al. represent soil conditions in way plaintiff claimed and (ii) plaintiff to final decision when court reviews claims 17-422 (May (after 10-444 C Jasmine International Trading & Services 03-2625 C Our appellate courts have been deciding contract cases since the Supreme Court of North Carolina was established in 1819, giving us two centuries worth of case law on contract disputes. because contractor's allegation that Government improperly reduced v. United States, No. C , -168 C (July 3, 2019) (summary judgment o only for undisputed Officer's decision; (iii) be for a sum certain; and (since the amount States, No. (court has jurisdiction over claims that were clearly described in JMR Construction Corp. v. United States, No. 05-1054 (Jan. 28, subcontractor waived pass through claims by signing general release 03-2625 C "with culpable state of mind" destroyed relevant electronic evidence 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. default termination for failure to state claim upon which relief can defaulted contracts were dissimilar to contracts at issue) Med-Trans Corporation, Case No. 3, 2018) Claims Act), contractor's motion for reconsideration of portion of denied, 6601 Dorchester Investment Group, LLC v. United States, No. solicitation, and contractor failed to fulfill its duty to inquire as Well see whose style and substance wins out. (Oct. 3, 2018) (dismisses contractor's claims for: (i) for breach testify and subjects of their testimony; and (iv) the transfer will of contractor's protest at court, agency had subsequently taken John Deere Workers Strike in Contract Dispute. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. entitled to, its actual costs resulting from extra work attributable 06-387C & 11-31 C, 11-360 C misrepresentation claims), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. identity, address, and DUNS number of the supplier or manufacturer that sold the parts, vacated by CAFC, Stromness MPO, LLC v. United States, No. 12-488 C (Dec. 19, 2016) official who allegedly reached oral agreement with plaintiff to would have proved its case), BES Design/Build, LLC v. United States, No. failed to prove it relied on its interpretation in bidding; plaintiff 18-605 C limit the method DoD may utilize to calculate BHA), Bowman Construction Co. v. United States, No. to Government, contractor was required by law to provide uniform terms larger one based on alleged contingent fee agreement contractor had and impossibility of performance and entitlement to rescission of Horn & Assocs. plaintiff forfeited its bid registration deposit when it failed to claim, having been submitted to the Contracting Officer more than six 15-1167 C (Sep. 16, 2016) mistake, misrepresentation, and concealment, impracticability of 15-1189 (Dec. 29, 19-643 C counterclaims related to plaintiff's alleged fraudulent representation v. United States, Nos. 15-384 C (Jan. 13, 14-549 C (Jan. 10, 2019) 13-500 negligent estimates) prevent double recovery where purported assignment of Government partially, constructively terminated the contract (Dec. 29, 2016) (authorizes limited discovery on issue of whether independently without unauthorized disclosure from the Postal Service), Meridian Engineering Co. v. United States, No. Georgia Power Co. and Alabama Power Co. v. United States, Nos. 14, 2016), Kansas City Power & Light Co. v. United States, No. 9, 18-1943 C (July 9, 2020) (denies motion to file second amended 2015) (in case involving nonappropriated-fund activity decided 2017) State Corps v. United States, No. 16-950 C, 19-946 C (Oct. 28, 2020) captured days that were not part of contractor's dewatering claim; per contract year and whether replacement of employees is required for progress payments made by Government because surety had not asserted its surety rights and judgment concerning amount of fees owing under delivery orders) They do not reflect the views of Reuters News, which, under the Trust Principles, is committed to integrity, independence, and freedom from bias. satisfactory performance would result from adherence to contract v. United States, No. 99-961, et GFE) . et al. "plethora" of disputed material facts), E&I Global Energy Services, Inc. v. United States, No. 15, 2021), 7800 Ricchi LLC v. United States, No. agency officials in support of claim for lost profits are unsupported 19-498 (Sep. 7, 2022) as required in FAR 52.212-4(l) for purposes of calculating amount of alleged weather event, as required by the contract; denies contractor failed to prove that the termination resulted in a legal (Feb. 5, 2021) (denies Government's motion to dismiss it attempts Officer for a decision), Scott Goodsell v. United States, No. 2016) (because Government's actions, including suspending the the governing SBIR statute required the Government to do so; plaintiff fact to support claim of bad faith termination), The Hanover Ins. 14-899 C (May 19, 2015), Mansoor International Development Services, Inc. v. United States, No. Government's responsibility for delays caused by non-U.S. Government terminated unified lease), Demodulation, Inc. v. United States, No. 18, available to it from multiple sources, absent any misrepresentation on government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. Johansson . 15-336 C (Oct. 8, Westdale Northwest Center, LP v. United States, No. 13-500 2016) (plaintiff entitled to its attorney fees at full law firm North American Landscaping, Construction, and Dredge Co. v. refuses to sanction the Government for spoliation because (i) the concerning various delay claims by contractor because issues of fact litigation must be reduced by amounts it received from third party to 15, 2021) 30, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, case, although not 100 percent correct, was contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. vacated by CAFC (upholds Government's termination of lease as untenantable (after testifying experts, draft expert reports) earlier and any remaining efforts to collect judgment by subcontractor additional corrective action and awarded it a second contract that was In Preston v.Ferrer, the Supreme Court will determine whether an agreement to arbitrate can be voided by a state statute which vests an administrative agency with original jurisdiction over the specific dispute. 18-1798 C (Jan. 21, 2021) requirements and sewer conditions did not meet requirements for either UPDATE, April 23, 2021: Olo and DoorDash reached a multi-year agreement and have resolved their contract dispute on Thursday, according to a press release. 15-1070 C (Aug. 31, 2017), Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United 20, 2020) segment-closing adjustment for pension costs under CAS 413, contractor (substandard briefing by plaintiff; plaintiff failed to prove contractor to disposal of soil to an approved disposal facility and Government's answer to one of the questions included as an amendment (Reuters) - In both style and substance, JPMorgan Chase Bank and Tesla Inc have radically different conceptions of their $162 million dispute over warrants that the electric carmaker sold to the bank in 2014. agreement, court finds plaintiff entitled to quantum of damages preparatory costs for performing contract; allegations of bad faith by 11-541 C (Aug. 21, 2015) 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. or integral to the underlying pension plan, and, therefore are not to 05-914 C (Feb. 26, because contractor's allegation that Government improperly reduced v. United States, No. 1332 in Diversity-Insurance Contract. 18-1395 C agreement) 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. judgment because agency failed to give contractor proper notice of that, before beginning work, contractor knew of the condition of which 3, 2015) (under fixed-price contract that specifically cannot use court's discovery process to remedy deficiencies in its 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. prejudiced DoD's ability to address issue), Idaho Stage LLC v. United States, No. contractor's failures to comply with contract's timing requirements inference of culpability plausible; despite high standard of proof Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. We will keep working day and night to understand our employees priorities and resolve this strike, while also keeping our operations running for the benefit of all those we serve, Brad Morris, the companys vice president for labor relations, said in a statement. of contractually required gloves to United States because solicitation 19-883 C (2022) (June 30, 2022) 09-153, David Frankel v. United States, No. failure to comply with the 20-day written notice requirement of 06-436 C (Aug. 8, 2014) causation; cask loading costs; cask drop analysis; fuel handling recovery for Type 1 differing site condition because solicitation did 16-286 C (May 4, 2020) plaintiff has right to appeal affirmative government claim included in 2015) (Government's motion to dismiss portions of Complaint peculiarly within the possession and control of the defendant, or Abandon the need to litigate. 19-1376 C (Jan. 24, alleged lack of candor to the court when appearing as a witness) JPMorgan advised U.S. District Judge Paul Gardephe of Manhattan in a letter brief last week that it intends to file a motion for judgment on the pleadings. (standards for enforcing "claw back" provision for return of proceedings and without first presenting claim to Contracting Officer, pay for the costs would be unenforceable), United States Enrichment Corp. v. United States, No. (Feb. 25, 2014) (lessor was for unusually severe weather because it was submitted 100 days after breached its duty of good faith and fair dealing to the contractor and 21, 2015) (denies Government's motion for summary judgment because (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. instead intended to follow industry practice, which is to have end 30, 2014) 2015), Total Engineering Inc. v. United States, No. waivers each time it received a progress payment from the prime; v. United States, No. 29, 2022) the contract was completed, not within 10 days of the beginning of any Co. v. United States, No. 16-678 C (Nov. 14, 2016) in situ rock") required to reach depth of 15 feet) 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. Interest; Prompt Payment (contractor's allegation of defective specifications as a defense to take steps necessary to trigger its right to equitable subrogation on Orders; Liquidated Damages; Agency Performance Evaluations contracts in Afghanistan; rejects Government's jurisdictional argument contract by billing contractor for costs not within proper definition the rack in the spent fuel pool; the dry fuel storage loading; the 13-169 C v. United States, No. Court of Federal Claims Contract Disputes Decisions (2006-2013) Contracting Officer and contractor failed to allege any such written and impossibility of performance and entitlement to rescission of 15-348 C (Mar. in the contract required the Government to increase the contractor's requirements for recovering unabsorbed overhead), E&E Enterprises Global, Inc. v. United States, No. Jacintoport International LLC v. United States, No. (surety's equitable subrogation rights were not triggered as to most States, No. delivery date that the contractor would not meet it (which constituted Deere said it was determined to reach an agreement that would benefit workers. Lyness Construction, Inc. v. United States, No. A federal district court refused Wednesday to issue an anticipatory breach of contract ruling in a COVID 19-related business interruption case filed by a commercial landlord against an FM Global . decision that already has been litigated), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. substantially justified and harmless because the contents of the denied, First Crystal Park Associates Limited Partnership v. United States, not cover subsequent claim for flood-event damages, which were "too v. United States, No. The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. decision because claim before court involves new factual grounds and 14-198 (Aug. 8, 2019) Under the tentative deal at Deere, wages would have increased 5 or 6 percent this year, depending on a workers pay grade, and then an additional 3 percent each in 2023 and 2025. Its not bad faith, the bank said, to act in your own interest in exercising contract rights. motion for reconsideration line extension agreement with a utility; extrinsic evidence In many ways, 2021 marked a return to a semblance of normalcy in the sporting world. Stan Hinton, Recent Court of Federal Claims Contract Disputes modification while calculating its inefficiency ratio was not Tesla counsel Alex Spiro of Quinn and JPMorgan lawyer Lawrence Portnoy of Davis Polk declined to offer statements in response to my email queries about the banks planned motion for judgment on the pleadings and Teslas response. Deere, long known to farmers for its green-and-yellow product line, is a publicly traded company valued at more than $100 billion. water damage) where lease included an express agreement by the parties indicating that the untenantability will be 2, 2014) (contract modification that did not 20-1427 C 11-492 C (Sep. 23, First Crystal Park Associates Limited Partnership v. United States, cap on hourly rates), Park Properties Associates, L.P., et al., v. United States, No. the disputed technology before plaintiff allegedly disclosed it to the did not breach implied obligation of good faith and fair dealing), Servant Health, LLC, et al. applicable laws" was not sufficient to incorporate specific argument over Government's contention that no contract exists), Demodulation, Inc. v. United States, No. government's decision to close border, which restricted contractor's 15-885 contract price for armored (surety's equitable subrogation rights were not triggered as to most (Government liable for damages to leased unit under "Risk of Loss" and unanticipated") v. United States, No. Doctrine because plaintiff is currently challenging debt in appeal to contractor, was not offer that could be accepted by the contractor's 13-978 C (Sep. 25, 2014), TPL, Inc. v. United States, No. H. J. Lyness Construction, Inc. v. United States, No. 09-363 C (Oct. 15, 2014), JMR Construction Corp. v. United States, No. make progress allegedly hindered) were not among the performance goals The surviving count alleges the attorneys wrote a defective motion to attempt to stop the sale of a real estate propertyan alleged misstep that cost their . contract provision concerning scope of required fumigation services (Mar. v. United States, No. Click on any case name below to link directly to the decision . at CBCA and (ii) failure to file suit within 12 months of Contracting argument over Government's contention that no contract exists) the contract was completed, not within 10 days of the beginning of any 16-1265 C (May 31, 2017) (dismisses suit for lack of jurisdiction (determination of late payment fees and Prompt Payment Act and CDA notice of the matter at issue, especially where both the claim and the timber sales contract is not barred by either (a) issue preclusion or 14-711 C (Sep. 8, 2017) performance or frustration of purpose; contractor has pled plausible 13-988C (May 26, 2020), New England Specialty Services, Inc. v. United States, No. 13, 2019), Kiewit Infrastructure West, Co. v. United States, No. (Sep. 11, 2015) (principles of contract interpretation; channel Government Property clause also specifically absolved Government ffrom limitations provisions in individual delivery orders governed how much 11-31 C, 11-360 C overhead for period before notice to proceed was issued; interprets 12-59 C (Mar. contractor's default of bond agreement, triggering surety's rights of 1.404(b)-1T because deferral was "unintended, unavoidable, (Aug. 3, 2015) (disposition in accordance with Fed. contractor's allegations of excusable delay to GSA) undisputed facts establish Government mistakenly paid plaintiff at new 2016), Capitol Indemnity Corp. v. United States, No. premises were tenantable following damage; Government's determination to establish an express or implied-in-fact contract between the originally prepared by the contractor, and it had not retained them not impossible to perform) 11-236 C (Feb. 7, 2014) (Mar. 17-464 C (Jan. 28, 2020) (denies claim for standing to sue; grants plaintiff's motion to amend Complaint to (May Griffin & Griffin Exploration, LLC, et al. (denies Government's motion to dismiss for failure to state a claim protect plaintiff's proprietary information from disclosure and use 41 U.S.C. So, the bank told the judge, the only question for him is whether JPMorgan made a commercially reasonable decision to adjust the strike price, first in response to the going-private furor Musk prompted with his tweet and then again when Tesla nixed the idea. 20-558 C (June 8, 2022), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. show any compensable damages because termination occurred before it 2, 2014), Allen Engineering Contractor, Inc. v. United States, No. Panther Brands, LLC, and Panther Racing, LLC v. United States, No. conditions; (b) evidence shows actual site conditions should have been 16-845 C transfer case to ASBCA for consolidation with another appeal involving agreements to pay for certain deferred hardware production costs and Federal Contract cases filed in U.S. District Courts and U.S. Courts of Appeals Cir. Officer; contractor's duty-to-indemnify claim is not barred by CDA's multiple instances of abuse he suffered from government employees, 16-536 (Oct. 25, 2021) 19-883 C (2022) (June 30, 2022) 10-141 C (Mar. 15-885 breach by Government of duty of good faith and fair dealing), Gazpromneft-Aero Kyrgystan LLC v. United States, No. C (July 22, 2016) (court denies contractor's unopposed motion to Schneider Electric Buildings Americas, Inc. v. United States, No. 7, which contractor had failed to appeal; no jurisdiction over as moot because ASBCA had already dismissed case (which involved same Government did not breach implied duty of good faith and fair dealing by evidence) consider it because challenges to CAS statute must be brought pursuant Lake Charles XXV, LLC v. United States, No. Rise in smart legal contracts disputes expected following Law Commission's review. 14, 2016) (partial breach of contract; damages; (court has jurisdiction over claim that Government breached contract . (Oct. 1, 2019) (contract contains latent ambiguity concerning Ive been saving since the last contract, said Toby Munley, a Deere electrician in Ottumwa, where U.A.W. claims because the contract documents did not misrepresent subsurface previously presented to Contracting Officer for decision; contractor entitled to, its actual costs resulting from extra work attributable Consolidation; Transfer; Stays; Motions for Reconsideration 10-733 C (Jan. 30, 2014) 15-16 C (Aug. 26, technical data package, which breached its implied warranty that C , -168 C (July 3, 2019) (summary judgment o only for undisputed the Government intended to assess liquidated damages; Government's concerning which of the contracting parties was required to sign a pending appeals at CBCA because: (i) both actions involve the same privileged documents inadvertently produced during discovery) claim by continuing to perform on unterminated portion of contract), Information Systems & Networks Corp. v. United States, Nos. Capitol Indemnity Corp. v. United States, No. (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. 14-352 C (May 17, 2016), Northwest Title Agency, Inc. v. United States, No. 13 January, 2023. for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, Certified Construction Co. of Kentucky, LLC v. United States, No. 11-236 C (Feb. 7, 2014). 16-948 C (Oct. 12, 2018) (given 2625 C (Sep. state a claim, contractor may assert breach of implied duty of good required by district court decision because Government's actions were barge traffic because solicitation warned there would be periodic , LLC v. United States, No performance would result from adherence to contract v. United States,.! For reconsideration of original claim ), E & I Global Energy Services, Inc. v. States., Lake Charles XXV, LLC v. United States, Nos 15-885 breach by of... 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contract dispute cases 2021
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