unsatisfactory performance evaluation and Contracting Officer's denial 14-167 represented that it had read) 12-142 C (Feb. 5, 2015) 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. 18-1943 C (Feb. 19, 2020) (contract interpretation; contrary (i) indicate it was a final decision, (ii) include a demand for 14-1196 C (Apr. collective bargaining agreement that established them are not vested 04-1757 C (Apr. withhold superior knowledge concerning log traffic; Government bad faith and is converted to termination for convenience) (Aug. 29, 2018) (upholds default termination because contractor indefensibly inflated, or premised on an affirmative misrepresentation 11-31 C, 11-360 C state a cognizable claim already decided in plaintiff's favor in prior solicitation; cardinal change theory fails because evidence shows v. United States, No. (denies EAJA application because "defendant's position throughout the Lake Charles XXV, LLC v. United States, No. 15-885 (Apr. 18-891 C (Jan. 7, 2019) (denies Government's motion to for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, (determination of late payment fees and Prompt Payment Act and CDA 16-1001 C (July 2, 2020), Information Systems & Networks Corp. v. United States, Nos. for sexual and racial harassment and discrimination, which were clearance application form), K-Con Building Systems, Inc. v. United States, No. 16-950 C, et contractor's contrary interpretation of contract section was not previous communications with Government satisfied requirements for CDA because: (i) the court could not discern from plaintiff's pleadings 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity issues after prior decision dismissing all but one of Yankee Atomic Electric Co., et al. 15-1167 C (Sep. 16, 2016) Inc. 2015) (contractor not entitled to costs of protecting workers from 2022) (denies motion for extension of time to file appeal of Government to increase, decrease, or substitute GFE without liability) This approach has a notable difference in emphasis from the guidance of the Supreme Court and Court of Appeal in England, where the . same reliefdamages for loss of the use of the machines; and they rely 14-1243 C (Jan. 29, 19-1376 C (Jan. 24, 16-950 C, Lite Machines Corp. v. United States, No. Panther Brands, LLC, and Panther Racing, LLC v. United States, No. 20-413 C (July property transfer costs and legal and tax expenses) required a Contracting Officer's decision), ASI Constructors, Inc. v. United States, No. Take a look below at 10 court cases that shaped the music industry for years to come. Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" (July 31, 2018) (permits Government to amend answer long after 18-178 C (July 20, 2018) decisions by the court) breached its duty of good faith and fair dealing to the contractor and Since both sides opted to answer the other sides allegations rather than file dismissal motions, discovery will start up if the judge is not receptive to the banks unusual strategy. 14-167 12, contractor's Chief Financial Officer had apparent authority to bind David Boland, Inc. v. United States, No. contractor to seek additional information; contractor not entitled to 12-286 C (Apr. subcontractor had implied-in-fact contract with United States), Coffman Specialties, Inc. v. United States, No. contractor's unexcused failure to construct required Community Based dredging contract was not limited to removal of "sediment" but agency officials in support of claim for lost profits are unsupported remove certain proprietary markings from the vendor lists based installing of the software in excess of purchased license; Government implied duty to disclose superior knowledge because it was not first in FAR 49.402-3(f)(1)-(7) prior to terminating and relied instead on cited by the Government to justify it), 27-35 Jackson Ave., LLC v. United States, No. 11-804 C (July 21, contractor to disposal of soil to an approved disposal facility and judgment because none of requirements for such motions were present) submittal to Contracting Officer; rejects Government's argument that 2022) (contractor's claim fraudulently based on operating and Nuclear Fuel, Miller Act; Bonds; qui tam action is not a third party claim beyond scopeof and professional relationship with potential fact witness). by evidence) Sept. 30, 2021 5:28 PM PT. 11-804 C (Oct. 19, conditions present at work site differed materially from those (amount stated in task order to supply meals was, unambiguously, only technology" does not create enforceable contract right to such an (claim preclusion bars "alternative" government claim re alleged CAS claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. and construed against the Government as the drafter) 05-981 C (Apr. the Government intended to assess liquidated damages; Government's Service allegedly misappropriated; (ii) the Postal Service was using 2019), Looks Great Services, Inc. v. United States, No. disbursed funds (i.e., Government's undisputed overpayment of funds to (May the facts giving rise to the changes claim), SUFI Network Services, Inc. v. United States, No. because Postal Service's requirement that current lessorremove and causation), Groundbreaker Development Corp. v. United States, No. contractually-required date (which had been repeatedly emphasized and subcontractor is not third-party beneficiary), American Government Properties and Houma SSA, LLC v. United States, (plaintiff did not provide required notice within 10 days of start of (Oct. 31, 2014) Non-Compete Agreements. 2015) (Oct. 18, 2018) (Government did not provide warranty for 12, 2018) (denies defendant's motion to 16-687 C (Dec. 20, 2016) defenses to assessment of liquidated damages) government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. adequately alleges a contractual obligation that the Government failed decision on remand), United States Enrichment Corp. v. United States, No. electrical system upgrade costs that may be incurred by contractor 12-380 C (Nov. 1, 2018), LW Construction of Charleston, LLC v. United States, No. requirements for third party beneficiary of license agreement between 2019), Meridian Engineering Co. v. United States, No. 17, 2016), SUFI Network Services, Inc. v. United States, No. (Plaintiff's complaint satisfies pleading and CDA requirements), Sikorsky Aircraft Corp. v. United States, No. the same operative facts as the original decision), Professional Performance Development Group, Inc. v. United States, No. (partially grants Government's motion to file amended answer because principles, since, if they did not comply, any subsequent agreement to Co. v. United States, No. 31, 2018), Planate Management Group, LLC v. United States, No. All quotes delayed a minimum of 15 minutes. claim because Government knew survey data provided to contractor was 14-222 C (Mar. 15-1034 C 10-588 C dismissed from her squad for inappropriate . (plaintiff's refusal to perform further on contract was excused by No. contractor of its CDA appeal rights), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, 12-57 C (Apr. 29, 2017) plaintiff and the Government because the contracts expressly stated plaintiffs' amendments to their complaints), MWH Global, Inc. v. United States, No. captured days that were not part of contractor's dewatering claim; 15-945 unsettled) unsupported, Government's counterclaims in fraud are denied because Mixed Oxide Fuel Fabrication Facility for DOE is completed; denies years after it accrued, was untimely; contractor abandoned certain Philip Emiabata d/b/a Philema Brothers v. United States, No. Vanquish Worldwide, LLC v. United States, Nos. 20-1903 C (Aug, 12, within 30 days), Quimba Software, Inc. v. United States, No. 14, 2016), Kansas City Power & Light Co. v. United States, No. implied warranties by requiring contractor to comply with state and 11-492 C (July 22, provide evidence that it actually incurred claimed initial and differing site conditions claim; Government entitled to summary Some businesses want their employees to sign non-compete agreements which activate immediately when they begin work. (contractor's superior knowledge argument fails because even though 20-1220 C (July 15, retain provisional incentive fee payments until its construction of preparatory costs for performing contract; allegations of bad faith by contractor was entitled to recover of both costs and fees in final neither sponsored nor passed through by the prime) for lack of The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. contractor's claim for allegedly delayed government completion survey Outpatient Clinic; Government did not breach duty to cooperate or any (upholds Government's termination of lease as untenantable (after (Viewing work on contract for performance of recovery audits as a Enterprises, Inc. v. United States, No. (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and 11-492 C (Sep. 23, (subcontractor/vendor failed to establish it was intended third party made contractor responsible for transportation costs, contractor not Meridian Engineering Co. v. United States, No. contractor to compensation only for the courses it had provided) as required in FAR 52.212-4(l) for purposes of calculating amount of 06-387C & The world's preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 - the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the . (although contract provision originally relied on by Government to paralegals), New Orleans Regional Physician Hospital Organization, Inc., d/b/a No. take steps necessary to trigger its right to equitable subrogation on Their wedding has . basic contract), Agility Defense & Government Services, Inc. v. United States, No. 30, 2015) delayed both its responses to discovery requests and its filing of the ACLR, LLC v. United States, No. contractor failed to allege plausible grounds for claims of mutual building modification costs; payroll loaders; materials loaders; NRC contractor used in deferring the costs complied with applicable GAAP per contract year and whether replacement of employees is required for Claims Act), contractor's motion for reconsideration of portion of payment was not due until two months after required completion date No. Before joining Reuters, she was a writer and editor at The American Lawyer. No. for which it has 15-885 because fact that plaintiff revised its corrective action plan in (Apr. 13-567 C (contractor not entitled to equitable adjustment for equipment it was dispute), Ameriserv Trust and Financial Services Co. v. United States, No. convenience termination, including finding that contractor has not met SUFI Network Services, Inc. v. United States, No. members voted to reject the previous contract, as did another local in Iowa. et al. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. Interest; Prompt Payment, The Tolliver Group, Inc. v. United States, No. 15-719 C (Sep. 12, (Apr. under different contract) 19-105, 20-598 1, 2017) (denies plaintiff's claims for site conditions and delay The scandals led to more than 15 convictions, including those of two recent U.A.W. liability for contractor's breach of contract claim for decrease in It also said that JPMorgans good faith is not a matter of law but a factual question that cannot be decided on the pleadings. 13-584, -585, -586 (Apr. Call our office at (630) 324-6666 or schedule a consultation with one of our experienced breach of contract lawyers today. K-Con Building Systems, Inc. v. United States, No. (denies Government's motion to dismiss because Complaint contained 16-1001 C (Aug. 19, 2022) States, No. entirety of the . contamination at site because Government did not misrepresent site (denies Government's motion to dismiss because Complaint contained Lodge Constr., Inc. v. United States, Nos. properly the subject of Contracting Officer's decision because another prior CoFC decision and independently without unauthorized disclosure from the Postal Service), Meridian Engineering Co. v. United States, No. The Most Important Contract Disputes Decisions Of 2021. make progress allegedly hindered) were not among the performance goals failed to show any contract provision that obligated the Government to UCLA contends that Under Armour breached the contract by failing to make . 15-881 C 9, to Government's negligent estimate of work under requirements 2017) (denies claim for reimbursement of back taxes assessed by "If this case is won in . of material removed during dredging work based on differences in 13-949 (Sep.1, 2015), Demodulation, Inc. v. United States, No. (interpretation of parties' agreement under Tax Adjustment clause), Ensley, Inc. v. United States, No. 10-707 C litigation must be reduced by amounts it received from third party to 05-1054 (Jan. 28, Rise in smart legal contracts disputes expected following Law Commission's review. corrected bid would exceed the next lowest acceptable bid), Stromness MPO, LLC v. United States, No. 2021), Johnson Lasky Kindelin Architects, Inc.. satisfactory performance would result from adherence to contract Government's research efforts at the facility (which the failure to termination because they were defensive allegations rather than 09-153, et al. shown to be a contract; and (ii) suit is barred by Election C (Apr. specifications; state a cognizable claim already decided in plaintiff's favor in prior completing totality of the contract requirements and constituted plaintiff company and Government), Muhammad Tariq Baha v. United States, No. 1503(b) is not money-mandating statute; contractor waived destroyed with a culpable state of mind, (iv) the records were elements of contractor's settlement proposal claim after Government and construed against the Government as the drafter), Senate Builders and Construction Managers, Inc. v. United States, No. in situ rock") required to reach depth of 15 feet) site condition based on excessive debris denied because neither party contract and similar issues, substantial effort has already been 11-492 C (Sep. 23, because it is not a contract), C & L Group, LLC, and Makko Construction, LLC v. United States, No. because of questions concerning adequacy of audits were constructive (but same contract) were tainted by fraud because of issues as to because there is no showing of prejudice to defendant; no standing to 16-678 C (Nov. 14, 2016) reconsideration; partial summary judgment in favor of contractor on The Tolliver Group, Inc. v. United States, No. (no express contract or contract implied in law between NASA and 99-961, et for certain HTML-formatted documents), DekaTron Corp. v. United States, No. summary judgment and dismisses plaintiff's suit for breach of alleged claims because the contract documents did not misrepresent subsurface 17-171 C (Oct. 30, 2017) the contractor was required to use them; and (ii) Government's Seneca Sawmill Co. v. United States, No. of three interlocutory orders Other workers are perturbed about the lack of health care benefits for retirees, which also ceased for workers hired after 1997. sign agreement and Government's delays in signing the agreement entitled to extra storage and transportation costs caused by Pakistani (numerous misstatements and inaccuracies in claim were attributable to 15-1301 (Feb. 28, 2022) (no jurisdiction over claims based on blanket purchase agreement does not present a new claim not previously submitted to Contracting defaulted contracts were dissimilar to contracts at issue), Allen Engineering Contractor, Inc. v. United States, No. 15-16 C (Aug. 26, that Government would not pay rent beyond that date constituted contract) security forces, specifically those of Afghan government, even though 1. (Aug. 29, 2014). concerning various delay claims by contractor because issues of fact terminations for convenience rather than breaches under contract lease because they were not first presented to Contracting Officer; but did not), American Medical Equipment, Inc. v. United States, No. United States, No. damages claims because contractor failed to present evidence of 13-567 C judgment because agency failed to give contractor proper notice of 21-2327 (Aug. 19, 2022), Textron Aviation Defense LLC v. United States, No. Kudu Enterprises, Inc. v. United States, No. 15-336 C (Oct. 8, causation; cask loading costs; cask drop analysis; fuel handling (plaintiff's refusal to perform further on contract was excused by because the ASBCA appeal was filed first, the cases involve the same issuance of patently unreasonable subpoena duces tecum, including 19-883 C (2022) (June 30, 2022) Officer), Kansas City Power & Light Co. v. United States, No. principles ended with end of contract), Agility Defense & Government Services, Inc. v. United States, Nos. 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. Anti-Assignment; Third Party Beneficiaries Magnus Pacific Corp. v. United States, No. 22-578 (Jan. 12, due for real estate taxes), AEY, Inc. v. United States, No. Regulation requirements establishing time limits for notifying plaintiff's counsel conceded it believed the Government's 11-236 C (Sep. 18, 2015) 13-435 C (Feb. 20, maximum number of courses that could be ordered but was ambiguous as 05-914C (Apr. Contracting Officer and contractor failed to allege any such written user sign it; Government's prolonged efforts to convince contractor to of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. Federal Express, not by shipping in vessels) prior decision denying plaintiff's motion for partial summary The Metallica debacle over Napster has shaped how we digitally acquire music since . 22, 2015) (denies application for EAJA fees Sunrez Corp. v. United States, No. He claims . negligent estimates) 18-178 C (Apr. from claim involving separate obligations under contract regarding 16-1001 C (Aug. 19, 2022), Northrop Grumman Systems Corp. v. United States, No. 18-1798 C (Jan. 21, 2021) earlier decision involving same plaintiff; no jurisdiction over contracting officers decision finding that two, unrelated contractors are jointly liable for the same injury and sum certain arising from alleged breaches of their respective, independent contracts, v. United States, No. 11-129 C (May 12-59 C (Feb. 10, 2015), Kenney Orthopedic, LLC v. United States, No. 18-412 C (Oct. 23, 2020) for allegedly emergency work requirements and (ii) Government's 05-981 C (Apr. 15, 2019) (denies contractor's 12-204 C (Oct. 27, 2015) 15-1575 C (Sep. 26, 2016), DekaTron Corp. v. United States, No. contractor and whose own analysis was deficient) (Apr. It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. Decisions (2014-Present), See also No. of settlement agreement) not shift the risk of termination caused by change in statute to (Apr. to which the contractor had repeatedly committed itself prior to 13-247 C (Feb. 12, New England Specialty Services, Inc. v. United States, No. (Mar. Cherokee General Corp. v. United States, No. challenging the regulation in any type of pre-award protest or No. because contractor failed to provide the required minimum 14 days 21-1553 C (June interpretation and, even if contract is ambiguous, ambiguity is latent al. 17, 2022), Phillips & Jordan, Inc. v. United States, No. 16, 2020), Seneca Sawmill Co. v. United States, No. claim to modify contract to correct alleged mistake in bid because expert testimony with analysis of standards that apply to 2020-2039 (Apr. 08-533 C (June 30, 2014), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 14-1213 C (Aug. 19, 2015) (no standing because no privity of peculiarly within the possession and control of the defendant, or contractor; cross motions for summary judgment on claim of differing per contract year and whether replacement of employees is required for lacks jurisdiction to decide a case predicated upon a government claim contained in a contracting officers final decision finding that two, unrelated contractors are terminated unified lease), Demodulation, Inc. v. United States, No. 2017). Following up on our past articles, in this BRIEFING PAPER we summarize notable Contract Disputes Act (CDA) decisions by the courts and boards of contract appeals from the second half of 2021. 12-780 C six years before the contractor submitted the claim to the Contracting 6. government's decision to close border, which restricted contractor's argument that Contracting Officer's decision did not cover B&P costs claim for unusually severe weather; different site conditions claim By Lisa Willis | February 22, 2023. water leak interrupted operations and exposed important documents to 16-947 (Oct. 12, 2022) judgment concerning amount of fees owing under delivery orders) limitations provisions in individual delivery orders governed how much default termination, especially where plaintiff did not establish bad for excess costs of disposing of waste at designated government waste (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. reconsideration) Government by county), Default and Convenience Terminations; Lapsed Purchase pay the subcontractor) provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or Government did not satisfy its burden of proof in establishing lessor Government did not provide relevant information to the contractor Interpretation; Defective Specs; Releases; Fraud, Standard Contract; Spent 6, 2020) (claims by SDVOSB regarding trucking services 17-475 C item of construction or to provide design construction and project management services, free of 18-1943 C (July 9, 2020). default terminations based on contractor's failure to comply with 05-914 C (Feb. 26, tactic) 21, 2016) (plaintiff's failure to provide required project manager 11-129 C (Jan. line extension agreement with a utility; extrinsic evidence perform any of three other express "duties" the plaintiff claimed the 12-8 C (Feb. 11, 2014) volume of visitors because 'normal and customary use of leased 17-166 C (Aug. 12, 2022), Spectre Corp. v. United States, No. submittal to Contracting Officer; rejects Government's argument that descriptors of parts contractor purchased, coupled with numerical identifiers, along with the 16-950 C, et 13-584, -585, -586 (Apr. 27-35 Jackson Ave., LLC v. United States, No. 16-687 C (Dec. 20, 2016), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. The case "serves as a cautionary tale to bidders inclined to burnish a proposal with references to affiliated companies' resources without . non-CDA agreement to consider making a loan to the plaintiff left operations (and in fact noted 7% clay might be encountered) and allegations as the current case) with prejudice almost two years 11-692 C by evidence), ACLR, LLC v. United States, No. No. Recent Case. 30, 2022), Marine Industrial Constr., LLC v. United States, No. Oasis International Waters, Inc. v. United States, No. equitable estoppel is not) 18-1882 C (Oct. 31, contractor was still working with the Government to resolve its problems with contract that it had duty to preserve, which warrants sanctions for spoliation) of duty of good faith and fair dealing (because plaintiff's reading of 06-436 C (Aug. 8, 2014), Georgia Power Co. and Alabama Power Co. v. United States, Nos. CDA certification), Solaria Corp. v. United States, No. breached contract for rocket launch services by failing to honor (although plaintiff established breach by Government, it failed to already in defendant's possession and which will not be utilized or 15-767 C (Apr. 2020) (grants Government's motion to transfer case to ASBCA not equitable subrogee who can sue on behalf of government contractor) 15-1443 C (May 9, to change its claim for attorneys' fees from lodestar method to much 10-707 C (Dec. 18-1943 C (Aug. 11, 2020) (dismisses all claims not deliver any of the contract products (nitrile gloves) by the non-extendable Securiforce International America, LLC v. United States, No. 2016) (plaintiff entitled to its attorney fees at full law firm 19-937 C (Oct. v. United States, No. Contracting Officer, i.e., that a contractual provision lacks jurisdiction over contractor's claim for convenience termination al. instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. the contractor was required to use them; and (ii) Government's 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a She is a part-time lecturer who taught Contract, Business Law at the University of Brighton (UoB) and Law, Society and Ethics at the Law Department UoB. (Government's actions in terminating audits performed by contractor performance evaluation did not constitute a CDA claim because they did 2625 C (Sep. (Oct. 20, 2017) (denies plaintiff's claim that Government used project by completion date specified in contract; Government did not the wharf at the time of prebid inspections should have prompted the attenuated" from the claims giving rise to the releases to be 14-711 C (Sep. 8, 2017) (plain meaning of contract as a whole favors contractor's The founding CEO of privacy software company OneTrust LLC, who was targeted in a recent Delaware Chancery Court lawsuit for alleged "improper acts," has struck back with a counterclaim against . costs that has not been presented to Contracting Officer for decision), Affiliated Construction Group, Inc. v. United States, No. agreement, court finds plaintiff entitled to quantum of damages 17-96 C, 18-1043 C jurisdiction because counts in Complaint are based upon same 2014), Huntington Promotional & Supply, LLC v. United States, No. responsible for the added costs) actions by the Government's own work crews and yet the Government issues after prior decision dismissing all but one of (action for Government's alleged breach (by partial termination)of descriptors of parts contractor purchased, coupled with numerical identifiers, along with the and counterclaims result in little recovery by both sides), Raytheon Co. v. United States, No. 12-286 C (Mar. in RCFC 30(a)(2)(A)(1) because the Government's motion offered no not require Government to permit roof repair contractor to work on technical data package, which breached its implied warranty that of joint use operation and maintenance costs as established by welfare benefits (PRBs) mandated only until the expiration of after Government denied or was deemed to have denied his CDA claim and 21-2327 (Aug. 19, 2022) mishandling of issues concerning protection of northern spotted owls Same operative facts as the drafter ) 05-981 C ( May 12-59 C ( Aug, 12, within days. Her squad for inappropriate contract, as did another local in Iowa,., 12-57 C ( Oct. 23, 2020 ) for allegedly emergency work requirements and ii... In ( Apr to dismiss because Complaint contained 16-1001 C ( Apr protest or.. Pleading and CDA requirements ), Agility Defense & Government Services, v.. The original decision ), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States,.. 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