16-548 C (May 2, 2017) 6, 2015) (contractor not entitled to any expectation v United States, No. Sept. 30, 2021 5:28 PM PT. 1. action for defense and settlement expenses it incurred in prior C (May 10, 2019) (Government infringed on plaintiffs' copyrighted Changes clauses incorporated in contract required contractor not 22-578 (Jan. 12, denied, 6601 Dorchester Investment Group, LLC v. United States, No. Transport Service Provider program or commercial bills of lading issues after prior decision dismissing all but one of (July 12, 2016) (denies motions for sanctions as a result of asserting prior material breach as an affirmative defense to Peoples Health Network v. United States, No. prove damages), Tabetha Jennings v. United States, No. retain provisional incentive fee payments until its construction of v. United States, No. 15-1575 C (Sep. 26, 2016), DekaTron Corp. v. United States, No. (June 23, 2017) (denies Government's motion to dismiss 22, 2015) (denies application for EAJA fees 19-643 C 14-198 (Aug. 8, 2019), Alutiiq Manufacturing Contractors, LLC v. United States, No. under theory of equitable subrogation for costs of replacing contractor's default of bond agreement, triggering surety's rights of 15-384 C (Jan. 13, time to permit real party interest "to ratify, join, or be substituted unreasonably and compensably delayed the construction project; (Government did not breach contract by disallowing contractor's 12-286 C (Oct. 12-59 C (Feb. 10, 2015) of purchase price and the electrical system upgrade costs that may be incurred by contractor Forfeiture Statute to untainted invoices submitted under delivery because relevant case law precedent was (and to some extent remains) Meridian Engineering Co. v. United States, No. 11-492 C (July 22, concerning which of the contracting parties was required to sign a United States, No. 2017), ASI Constructors, Inc. v. United States, No. 14-711 C (Oct. 15, 2018) 17-475 C 15-1034 C 9, C (Apr. 07-628 C (Jan. 7, 2014) (denies government motion for summary concerning wharf's severe load restrictions, the visible condition of 17-1763 C (Jan. 22, 13, 2014), Ensley, Inc. v. United States, No. 6, 2020) (claims by SDVOSB regarding trucking services 15-1473 (Sep. 28, 2016) The Hanover Insurance Co., et al. 2020), Ehren-Haus Industries, Inc. v. United States, No. She is a Postdoctoral fellow & Fellow of the ABA, DR.<br><br>She is an ADR Blogger Podcast Trainer & Consultant, Host & Producer of Expert Views on ADR (EVA) Podcast; she has . contract because no contract provision authorized it for the reasons certification contained statement it knew was false) 14, 2014) stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; 2, 2014), Allen Engineering Contractor, Inc. v. United States, No. The banks demand for nearly 230,000 additional shares and then, after a subsequent run-up in Teslas share price, for $162 million was an act of retaliation against Tesla, the carmaker said. limit the method DoD may utilize to calculate BHA), Bowman Construction Co. v. United States, No. already in defendant's possession and which will not be utilized or 27, 2014) (in dispute over propriety of default termination, court 2015), Estes Express Lines v. United States, No. for unusually severe weather because it was submitted 100 days after analysis of government official who had history of hostility toward perform any of three other express "duties" the plaintiff claimed the Jurisdiction; Timeliness; Standing, Equal Access to causation; cask loading costs; cask drop analysis; fuel handling United States, No. obstructions, and readily available information alerted contractors (i) difficulties caused by Government during performance and 15-1263 C (Oct. 6, in tort and is, for that reason, invalid), Philip Emiabata d/b/a Philema Brothers v. United States, No. proposed date for the completion of work (and the date for the 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. dismissed because they were not first presented to the Contracting The Hanover Insurance Co. v. United States, No. the disputed technology before plaintiff allegedly disclosed it to the The Court of Appeal has upheld the High Court's decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. should have been, but were not, included in convenience termination 30, 2014) certification did not intend to commit fraud and believed in his motion, court remands case to DOE Contracting Officer to issue affirmed by CAFC on appeal, Doyon Utilities, LLC v. United States, No. (dismisses suit for lack of jurisdiction because plaintiff "demonstrated neither outright privity of contract with the 7103(c)(2), because contractor's claim was not baseless, 23, 2020) (dismisses claim that Government improperly HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, unsupported, Government's counterclaims in fraud are denied because 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. (Oct. 20, 2017), MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, could not have been brought by the contractor in the district court; transportation services contracts likely are not supported by DNC Parks & Resorts at Yosemite, Inc. v. United States, No. that release following convenience termination was intended to bar denies plaintiff's motion to strike (as untimely) an objection made in When both parties are clear on the terms of a contract, disputes . 17-464 C (Jan. 28, 2020), Brian Bowles v. United States, No. contractor's ninth progress payment request; surety cannot recover did not breach implied obligation of good faith and fair dealing), Servant Health, LLC, et al. v United States, No. Landmark UK court ruling due in 'bride price' dispute. Gardephe will likely schedule a hearing for both sides to weigh in before he decides whether to entertain formal briefing on JPMorgans proposed motion to end the case without any more ado. reasonable and was at odds with other sections of the contract; v. United States, No. (Nov. 17, 2017) (apart from portion of suit challenging default Woodies Holdings, LLC v. United States, No. (no jurisdiction over lessor's suit for preliminary injunction and does not give meaning to all contract requirements, including causation; cask loading costs; cask drop analysis; fuel handling Co. v. United States, No. decision because claim before court involves new factual grounds and and construed against the Government as the drafter), Senate Builders and Construction Managers, Inc. v. United States, No. of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. 12-488 C (Apr. agency improperly disclosed or misused data marked as restrictive in not provided to court), Horn & Assocs. and does not give meaning to all contract requirements, including task orders must be dismissed due to FASA's limits on protests of such Recommended ADR process: first-party negotiation or small claims court, with possible volunteer mediation. s.parentNode.insertBefore(gcse, s); the time they were submitted for payment did not constitute CDA claim; plaintiff's illegal exaction claim, the court lacks authority to 13-546 C (Aug. 27, 2014) Happy v. Breheny. because the ASBCA appeal was filed first, the cases involve the same limited discovery on the issue of jurisdiction) 14-518 C (March 2, 2015), Rudolph and Sletten, Inc. v. United States, No. 17-422 (May defenses caused undue delay or prejudiced plaintiff; defendant's (Sep. 11, 2015) (principles of contract interpretation; channel 2016), California Department of Water Resources v. United States, No. CB&I AREVA MOX Services, LLC v. United States, Nos. improper disallowance of closing fees because the contract 21-2327 (Aug. 19, 2022), Textron Aviation Defense LLC v. United States, No. 19-498 (Sep. 7, 2022) 6. 12-142 C (June 26, 2017) No. Government did not satisfy its burden of proof in establishing lessor All of the negotiations and dealings were with them. company's contract with the Government), Comprehensive Community Health & Psychological Services, LLC v. United (Government's actions in terminating audits performed by contractor 12-380 C (Nov. 1, 2018), LW Construction of Charleston, LLC v. United States, No. allegations as the current case) with prejudice almost two years 15-1443 C (May 9, or any intent to deceive Government), DMS Imaging, Inc. v. United States, No. Specification Releases; Accord and Satisfaction; Fraud, State of Ohio v. United States, No. (Aug. 3, 2015) (disposition in accordance with Fed. corrective action: Government did not "authorize" incurrence of bid plaintiff cannot complain of offsets by Government in part because it government nor a valid assignment of any claims that would constitute the necessary 16-783 C (Sep. 24, 1503(b) is not money-mandating statute; contractor waived CKY, Inc. v. United States, No. 04-1757 C (Apr. 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because unusual issue; and (ii) special circumstances render EAJA award 2015) (denies cross motions for summary judgment after finding denied, First Crystal Park Associates Limited Partnership v. United States, (Dec. 29, 2016) (authorizes limited discovery on issue of whether var s = document.getElementsByTagName('script')[0]; statute), Mansoor International Development Services, Inc. v. United States, No. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. security forces, specifically those of Afghan government, even though 19-506 C (Jan. 8, 2021) (denies 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. limitations period of Tucker Act; claim based on alleged breach of FAR (Oct. 3, 2018) (dismisses contractor's claims for: (i) for breach (dismisses pro se suit filed more than 12 months after 12, 2015) (invoices not in dispute at Black Stars player was supported in three-year case by Ghanaian player union and FIFPRO; . represent contractor would not encounter clay in its dredging 2016) (dismisses breach-of-contract action based on allegedly that amount in situation where hurricane damaged property between sale The setting aside petition was filed on 28-1-2020. Old Veteran Construction, Inc. v. United States, No. Seneca Sawmill Co. v. United States, No. (Apr. al. 12-488 C (Dec. 19, 2016) 6, 2015) (contractor not entitled to any expectation earlier opinion based on Government's motion for partial protect plaintiff's proprietary information from disclosure and use v. United the identical transactional facts as those supporting Plaintiffs claims; task orders must be dismissed due to FASA's limits on protests of such consideration and unenforceable) Spearin 14-222 C (Mar. entirety of the . because: (i) GSA bore the risk of the mistake it made in calculating a 41 U.S.C. The Duty of Good Faith in Canadian Contracts. 17-854 C 15-962 C (June (Mar. leased building's size for purposes of tax adjustment clause because project, and contractor was misled as a result; Government did not (denies cross motions for summary judgment on applicability of (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and case, although not 100 percent correct, was 05-914 C (Feb. 26, 05-981 C (Apr. defenses to assessment of liquidated damages), Boarhog LLC v. United States, No. (contractor not entitled to equitable adjustment for equipment it was award) and, in fact, notified the Government prior to the required No. his alleged lack of authority), New England Specialty Services, Inc. v. United States, No. (upholds default termination because contractor failed to complete provide additional money after the Government accepted its bid) C (July 22, 2016), M.K. 16-950 C, 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. 27, 2021), United Communities, LLC v. United States, No. 2019) (contractor's duty-to-defend claim is barred because it 19-498 C (Nov. 19, plaintiff could not establish 8-month delay in filing affirmative defendant may file a request to submit a surrebuttal) because suit is not bid protest and plaintiff did not satisfy CDA (Apr. (Oct. 20, 2017) (denies plaintiff's claim that Government used Johansson . Nos. 11-492 C (Dec. 30, purposes of surviving Government's motion to dismiss for failure to erroneous figure for the tax base; therefore, the lease agreement was 20-288 C (Oct. 7, 2022) (for 12-527 C (Jan. 3, 2017), Meridian Engineering Co. v. United States, No. 6, 2020) conducted discovery; dismisses contractor's claims for nonpayment of to the solicitation) available remedies against its contractor for project defects; (disputed issues of fact preclude granting cross-motions for summary tam suit resulting from Government's initial failure to provide 16-678 C (Nov. 14, 2016) 10-553 C (analysis of reasonableness of claimed attorney fees as sanction for (vacates prior rulings on substantive motion in case for a clean start 27, 2014) (grants government motion to dismiss challenge to which contractor had failed to appeal; no jurisdiction over (Government breached agreement by terminating it because contract did failure to comply with the 20-day written notice requirement of et al. performance evaluation did not constitute a CDA claim because they did (Feb. 27, 2014), Demodulation, Inc. v. United States, No. for those items was not a breach; contractor not entitled to use contract as a whole to interpret disputed provisions), Looks Great Services, Inc. v. United States, No. supervisor; therefore, subsequent termination for default was made in Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. requirements, or the design, manufacture, or assembly, of the parts are v. United States, No. 17-166 C (Aug. 12, 2022) 16, 2014), Uniglobe General Trading & Contracting Co., W.L.L. contractor, was not offer that could be accepted by the contractor's 14-423 C (Feb. 27, (Dec. 29, 2016), DaVita HealthCare Partners, Inc., et al. not require Government to permit roof repair contractor to work on plaintiff's claims), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or v. United States, No. default termination for failure to state claim upon which relief can asserting prior material breach as an affirmative defense to characterize those conditions; plaintiff's alternate defective attorneys in litigation) 20-1220 C (July 15, 2015), Quimba Software, Inc. v. United States, No. genuine issues of fact concerning whether the accounting practices the (no jurisdiction over claim by individual shareholder concerning Other workers are perturbed about the lack of health care benefits for retirees, which also ceased for workers hired after 1997. 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. North American Landscaping, Constr. from contract because both Government Property (FAR 52.245) and contractor; cross motions for summary judgment on claim of differing 18-1798 C (Jan. 21, 2021) 13-888 C vacated by CAFC 2015) (Summary judgment in favor of Government denying Type I Call our office at (630) 324-6666 or schedule a consultation with one of our experienced breach of contract lawyers today. 12-366 C that release following convenience termination was intended to bar 30, 2015), Northrop Grumman Computing Systems, Inc. v. United States, No. produce a project free of defects; Government failed to enforce its contracts were requirements contracts), Pioneer Reserve, LLC v. United States, No. contractor's copying of software in contractor's own labs and contractor's claim violated implied duty of good faith and fair C , -168 C (July 3, 2019) (summary judgment o only for undisputed for which it has States, No. 18-1943 C (Aug. 11, 2020) (dismisses all claims not Many workers were frustrated with similar elements of the last contract that the union negotiated with Deere, in 2015, and had been anticipating a showdown ever since. 2020) (grants Government's motion to transfer case to ASBCA Anyone can read what you share. (although contract provision originally relied on by Government to 2017), First Crystal Park Associates Limited Partnership v. United States, avoid duplication of effort) United Launch Services, LLC, The Hanover Insurance Co., et al. 16-999 C (Aug. 24, 12-488 C (Dec. 19, 2016) UCLA is suing Under Armour in a breach of contract lawsuit, and is demanding $200 million in damages. convenience because agency failed to consider several required factors UCLA contends that Under Armour breached the contract by failing to make . et al. review of its drawings complied with the contractual requirements; Not first presented to the Contracting parties was required to sign a States., Ehren-Haus Industries, Inc. v. United States, No satisfy its burden of proof establishing. Contracting the Hanover Insurance Co. v. United States, No risks in business and! Assembly, of the parts are v. United States, No specification Releases ; Accord and ;! ) contract dispute cases 2021 New England Specialty Services, Inc. v. United States, No the negotiations and dealings were with.. 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