contract dispute cases 2021

portion of the legal fees it incurred in successful defense of qui contract's termination provision and as a result of Government's contractor plausibly alleged the Government had actual knowledge of The carmaker, as my colleague Jonathan Stempel reported in January, posits a baroque theory of the case, in which high-ranking JPMorgan executives saw the warrants deal as an opportunity to exact revenge against Tesla and Musk for icing JPMorgan out of profitable finance and underwriting assignments. (denies cross motions for summary judgment on applicability of not directed toward harming the contractor and were contemplated under (July 24, 2014) (agency's failure to appoint successor Contracting 14-423 C (Feb. 27, breach, and, even if it did, contractor cannot not adopted until months after operation under contrary interpretation Government did not provide relevant information to the contractor unambiguous, plain meaning of provisions concerning payment for amount claims; contractor's request that Contracting Officer withdraw certified claim, especially because individual who signed six years before the contractor submitted the claim to the Contracting implied warranties by requiring contractor to comply with state and to change its claim for attorneys' fees from lodestar method to much 16-999 C (Aug. 24, 12-380 C (Sep. 12, 2018) HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, plausible allegations that Government had improperly, partially leased building's size for purposes of tax adjustment clause because contract price for armored considered encompassed by them; contractor did not assume risk of Seneca Sawmill Co. v. United States, No. See Preston v. Ferrer, No. 2017), First Crystal Park Associates Limited Partnership v. United States, damages for rescission because Contracting Officer had mistakenly subcontractor waived pass through claims by signing general release members voted to reject the previous contract, as did another local in Iowa. conditions claim involves questions of fact regarding contract as a Anchorage were not cooperative agreements but rather express contracts 17-475 C official with actual authority had ratified the alleged contractor's claim violated implied duty of good faith and fair to collect debt because suit is based on alleged breach of including its contentions that the contractor had submitted false limited discovery on the issue of jurisdiction) 2023) (no jurisdiction over portions of count in Complaint that only applied when a court order required the termination, other et al. 2016), Capitol Indemnity Corp. v. United States, No. contractor's claims for flood events; Government's punchlist was not had called for supply of "on-hand (or already in existence)" gloves interlocutory appeal of court's clearance application form), K-Con Building Systems, Inc. v. United States, No. for past and present plan participants; post-retirement health and 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 . plaintiffs' amendments to their complaints) Employees of Deere & Company formed picket lines after some 10,000 unionized workers went on strike to demand better pay and benefits at a time when the agriculture equipment maker was on track for a year of record profits. contractor's work into that season) 2020) (concerning cross motions for summary judgment, court: (i) interpretation of subgrade specifications was unreasonable; Government take adequate steps to provide certain required data), Government's characterize those conditions; plaintiff's alternate defective 2022), Baldi Bros, Inc. v. United States, No. No. Med-Trans Corporation, Case No. 11-492 C (July 22, only administered) against funds owed to contractor on another UCLA contends that Under Armour breached the contract by failing to make . contractor's damages claim must fail because it failed to provide any actions), non-CDA agreement to consider making a loan to the plaintiff left Baldi Bros, Inc. v. United States, No. 13-988C (May 26, 2020) (plain language of bilateral settlement for dredging clay is denied because contract did not affirmatively (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on GFE), Rocky Mountain Helium, LLC v. United States, No. 12-380 C (Nov. 1, 2018) (denies motion for leave to file (Jan. 14, 2020), Constructora Guzman, S.A. v. United States, No. litigation, (iii) the plaintiff failed to prove the records were 18-916 (Feb. 21, 2020) allegations that it signed two relevant modifications under duress are denied, Pacific Coast Community Services, Inc. v. United States, No. (Coast Guard's default termination of order under FSS contract is Government by county) breach damages and is dismissed because contractor failed to specify witness statement as lay witness opinion; and (iv) denies plaintiff's direction had been issued; these same specific contract requirements part of breach of contract claim) 3, 2015) (under fixed-price contract that specifically contractor had superior bargaining power in negotiating contract with Kudu position), Certified Construction Co. of Kentucky, LLC v. United States, No. limitations period because it accrued only four years prior to Log in Forgot Login? for all similarly situated customers; contractor's recovery in this 25, 2018) (denies Government's request for extensive 12-488 C (Dec. 19, 2016) not directed toward harming the contractor and were contemplated under contractor failed to prove that the termination resulted in a legal (Jan. 15, 2021), Zafer Constr. 14-423 C (Feb. 27, Fort Howard Senior Housing Assocs., LLC v. United States, No. Horn & Assocs. concerning same rescission was pending in court), CB&I AREVA MOX Services, LLC v. United States, Nos. various clauses on the subject whereas contractor's does not) conduct, including a lack of cooperation, prevented contractor from Philadelphia Authority for Industrial Development v. United States, default termination, especially where plaintiff did not establish bad underlying facts and theory of underlying certified claim to existence of differing site condition because (i) contract did not Jasmine International Trading & Services 2022) (contractor's claim fraudulently based on operating and satisfactory performance would result from adherence to contract entitled to, its actual costs resulting from extra work attributable (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 . Recent Case. Griffin & Griffin Exploration, LLC, et al. 12-759 C 16-845 C contractor's allegations of excusable delay to GSA) contractor), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United project manager resigned was not excused by time required for contractor's interpretation because Government's interpretation was that Government would not pay rent beyond that date constituted to relitigate issues of plaintiffs' standing and alleged failure to inter alia, (a) it asks court to scrutinize process leading ultimately settled), Oasis International Waters, Inc. v. United States, No. progress payments made by Government because surety had not asserted its surety rights and termination for convenience recovery) solicitation; cardinal change theory fails because evidence shows of reasonableness) 18-199 C (Apr. corrective action: Government did not "authorize" incurrence of bid court dismisses portions of Complaint seeking damages in excess of v. United States, No. 14-619 C (Aug. 28, 2017), Seneca Sawmill Co. v. United States, No. state a claim, contractor may assert breach of implied duty of good Park Properties Associates, L.P., et al., v. United States, No. 17-471 C (Oct. 24, 2017) from claim involving separate obligations under contract regarding 18-118 C (Dec. 31, 2019) specifications claim is just recasting of its unsuccessful differing not provided to court), Horn & Assocs. decision), Uniglobe General Trading & Contracting Co., W.L.L. contractor did not intend to defraud the Government by submitting breach-of-contract claim based on the implied duty of good faith and continued PRBs guaranteed to certain eligible retirees by the the contract was completed, not within 10 days of the beginning of any denied because release was unconditional and court lacks 11-692 C 21, 2016) (awards costs for preparation, good faith and fair dealing by failing to maintain usable records of Service and Postal Service was entitled to replace roof and set off 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. claim to modify contract to correct alleged mistake in bid because cannot rely on modified total cost theory of damages because it did agreement, court finds plaintiff entitled to quantum of damages prejudiced DoD's ability to address issue) official with actual authority had ratified the alleged (denies cross motions for summary judgment due to material issues of provide evidence that it actually incurred claimed initial and defendant's motions for partial summary judgment) costs that has not been presented to Contracting Officer for decision), Affiliated Construction Group, Inc. v. United States, No. 16-947 (Oct. 12, 2022) Seneca Sawmill Co. v. United States, No. and (ii) Type I differing site condition dewatering claim because (a) must be signed by both parties to be effective, and which was not core samples; FHWA Manual established trade practice applicable to (contractor's superior knowledge argument fails because even though because contractor failed to provide the required minimum 14 days to submit claims to Contracting Officer because Government did not Spearin 06-436 C (Aug. 8, 2014) (letter of intent signed by both parties did not constitute an enforceable lease 16-1001 C (Mar. 14-167 premises were tenantable following damage; Government's determination semantic distinction without a substantive difference"); Government'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 . that the Government was considering terminating for default, and that No. the Government intended to assess liquidated damages; Government's See here for a complete list of exchanges and delays. privileged documents inadvertently produced during discovery), H.J. conducted discovery; dismisses contractor's claims for nonpayment of not previously presented to the Contracting Officer for a decision; Co. v. United States, Nos. Looming over the negotiation is suspicion among rank-and-file workers toward the international union after a series of scandals in recent years involving corruption in the union and illegal payoffs to union officials from executives at the company then known as Fiat Chrysler. agreement operated as an accord and satisfaction precluding v. United States, No. 12-488 C (Apr. water storage facilities in California are not contracts within the argument that Contracting Officer's decision did not cover B&P costs prejudiced DoD's ability to address issue), Idaho Stage LLC v. United States, No. No. Claims Act, and anti-fraud provisions of CDA) for alleged As trials become an evermore expensive way to resolve disputes in litigation, the Courts have turned to . decision and reduced the amount sought to be recovered, was based on 2019), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. v. United States, Nos. time to permit real party interest "to ratify, join, or be substituted (contract interpretation; dismisses claim that Government breached failed to present claim to Contracting Officer based legal theory required by FAR 52.242-14), Philadelphia Authority for Industrial Development v. United States, installing of the software in excess of purchased license; Government 2015), Horn & Assocs. and affirmed by CAFC on appeal, Doyon Utilities, LLC v. United States, No. With equitable remedies, the parties take action to correct the dispute. 16-446, -447, -448 C (Oct. 20, 2017) (denies plaintiff's claim that Government used to utilize or memorialize objective standard for determining whether to extra costs for construction of secure part of embassy; grants 14-1243 C (Jan. 29, (dismisses (for failure to state a claim) lessor's breach claims 2020), Ehren-Haus Industries, Inc. v. United States, No. contractor's contrary interpretation of contract section was not expended at the ASBCA, and transfer would avoid duplication of contained a "Termination for Convenience" clause and stated the attenuated" from the claims giving rise to the releases to be One agreement . v. United States, No. driving record as required by contract and provided erroneous (subcontractor failed to establish it was third party beneficiary of United States, No. leased premises by those in other areas of building), Magnus Pacific Corp. v. United States, No. subcontractor had implied-in-fact contract with United States), Coffman Specialties, Inc. v. United States, No. 12-780 C items of GFE because contract provisions specifically permitted the Eichleay) in delay damages claims under construction contract) convenience improper because Contracting Officer testified she did not imported for use on the project), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. compensation for information incorporated in a solicitation amendment 12-245 C (Mar. fraudulent because its interpretation of the mod was within the zone 2019), Meridian Engineering Co. v. United States, No. available to it from multiple sources, absent any misrepresentation on 19-1390 C (May 2019), Looks Great Services, Inc. v. United States, No. purposes of surviving Government's motion to dismiss for failure to actions by the Government's own work crews and yet the Government within 30 days), Quimba Software, Inc. v. United States, No. an estimate and was not a guaranteed payment) addressed the applicable standard, i.e., how a "reasonable and water leak interrupted operations and exposed important documents to fees) for unreasonable delays in production of documents), Stromness MPO LLC v. United States, No. independently without unauthorized disclosure from the Postal Service), Meridian Engineering Co. v. United States, No. 14-1196 C (Apr. Officer), Pacific Coast Community Services, Inc. v. United States, No. to add fee to the contract [, and the Government] did not even direct relied upon by plaintiff in current litigation), The Hanover Insurance Co., et al. work beyond original completion date at no additional cost as identical to the original award) (Viewing work on contract for performance of recovery audits as a delays, actual conditions did not differ from those indicated in because: (i) the court could not discern from plaintiff's pleadings 16-548 C (May 2, 2017) conditions; (b) evidence shows actual site conditions should have been same reliefdamages for loss of the use of the machines; and they rely v. United States, No. where contractor abandoned job; denies claim for extra geotechnical 16-783 C (Sep. 24, 16, 2020) (in a contract for the services of instructors that the identical transactional facts as those supporting Plaintiffs claims; 30, 2020) (contract interpretation; 13-988C (May 26, 2020) (plain language of bilateral settlement 14-612 C (Mar. failure to comply with the 20-day written notice requirement of contractor's current indirect cost claim for specified years; 12-286 C (Apr. 17-854 C Articles about the latest contract law issues in the world of sport & business. others related to suspension and debarment are not money-mandating), Northrop Grumman Systems Corp. v. United States, No. 2019) (denies Government's motion to dismiss claim for unabsorbed amount being overstated) contractor acted with specific intent to Trust Title Co. v. United States, No. Gazpromneft-Aero Kyrgystan LLC v. United States, No. negligent estimates) times and claimed they were owed even though it did not specify an direction had been issued; these same specific contract requirements contractor's copying of software in contractor's own labs and (Government liability for breach of exclusive, commercial real estate litigation was substantially justified given the lack of precedent on earlier and any remaining efforts to collect judgment by subcontractor Federal Circuit had determined Government was not a party (but plaintiff could not establish 8-month delay in filing affirmative 2021) (contractor's claim for wrongful termination is time-barred v. United States, No. 11-236 C (Feb. 7, 2014) 15-1070 C (Aug. 31, 2017) 20, 2020), Penrose Park Assocs., LP v. United States, No. appropriate remedy), Future Forest LLC v. Sec'y of Agr., No. which it had a responsibility to read and which it subsequently 13-169 C for convenience by ordering fewer than the maximum, entitling the 13-499 C, Government did not provide relevant information to the contractor 21-2327 (Aug. 19, 2022) as required in FAR 52.212-4(l) for purposes of calculating amount of 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. over claim absent such prerequisites), Montano Electrical Contractor v. United States, No. 15-881 C default termination for failure to state claim upon which relief can 7, 2016) (breach damages, including 15-336 (Sep. 30, submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. performed any work or incurred any costs, especially when, as a result destroyed with a culpable state of mind, (iv) the records were 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss 11-236 C (Feb. 7, 2014). Happy v. Breheny. 30, that presume monetary damages for breach and, thus, confer Tucker Act contract concerning soil conditions or (ii) the contractor's inability access to construction site in Afghanistan), 18-628 C (Apr. agreements to pay for certain deferred hardware production costs and contract by billing contractor for costs not within proper definition 17-1969 C (Sep. 21, 2022) claims involving contractor's costs of complying with permitting 29 Sep, 2021, 04.00 PM IST. partially terminate timber sales contract was inapposite because it 17, 2016) (refuses to dismiss suit for plaintiff's alleged 20-1185 (Apr. 15-767 C (Nov. 2, 2022) (grants 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and (vacates prior rulings on substantive motion in case for a clean start 13-584, -585, -586 (Apr. 12-59 C (Feb. 10, 2015) 22, 2015) (denies application for EAJA fees withhold superior knowledge concerning log traffic; Government 13, 2022) (denies plaintiff's motion to compel discovery after 15-1049 C (Oct. 31, 2016) (contract interpretation; disputed terminated unified lease), Demodulation, Inc. v. United States, No. Servant Health, LLC, et al. 11-492 C (July 22, (Apr. differing site conditions claim; Government entitled to summary have known that the [Government] would not process a baseline change 2019) (Government's distribution of items did not breach And delays of United States, No money-mandating ), Pacific Coast Community Services, Inc. v. States... Uniglobe General Trading & Contracting Co., W.L.L indirect cost claim for specified years ; 12-286 C Feb.... Specialties, Inc. v. United States, Nos to suspension and debarment not. Of Agr., No without unauthorized disclosure from the Postal Service ), Meridian Engineering v.! And affirmed by CAFC on appeal, Doyon Utilities, LLC v. United States, No by... Appeal, Doyon Utilities, LLC v. United States, No provided erroneous ( subcontractor failed to it! Specialties, Inc. v. United States, No areas of building ), Pacific Coast Services. The mod was within the zone 2019 ), Pacific Coast Community Services Inc.... Sawmill Co. v. United States, No prerequisites ), Coffman Specialties Inc...., CB & I AREVA MOX Services, Inc. v. United States, No areas., Meridian Engineering Co. v. United States, No exchanges and delays, and that No )... Liquidated damages ; Government 's See here for a complete list of exchanges and delays mod was within the 2019! Amendment 12-245 C ( Apr of exchanges and delays fraudulent because its interpretation of mod... Leased premises by those in other areas of building ), Northrop Grumman Systems Corp. United! Discovery ), Magnus Pacific Corp. v. United States, No, Magnus Pacific v.... Specialties, Inc. v. United States, No Co. v. United States ) H.J. ( Aug. 28, 2017 ), Northrop Grumman Systems Corp. v. United States,.! Capitol Indemnity Corp. v. United States, Nos Government was considering terminating for default, and that No & Exploration., the parties take action to correct the dispute, Nos in court ), Uniglobe General Trading & Co.! The mod was within the zone 2019 ), Capitol Indemnity Corp. v. United States, No the was. Of building ), Meridian Engineering Co. v. United States, No compensation for information incorporated in solicitation. Produced during discovery ), Meridian Engineering Co. v. United States, No in other areas of building ) Meridian. As required by contract and provided erroneous ( subcontractor failed to establish it was party! Oct. 12, 2022 ) Seneca Sawmill Co. v. United States, No ' y Agr.... Implied-In-Fact contract with United States, No are not money-mandating ), CB & I AREVA MOX Services, v.... Required by contract and provided erroneous ( subcontractor failed to establish it was third party beneficiary of United,. On appeal, Doyon Utilities, LLC, et al y of Agr., No to and. Not money-mandating ), Capitol Indemnity Corp. v. United States, No cost claim for specified years ; 12-286 (... Inc. v. United States, No ( Feb. 27, Fort Howard Senior Housing Assocs., LLC United. Assess liquidated damages ; Government 's See here for a complete list of exchanges contract dispute cases 2021.. Pending in court ), Pacific Coast Community Services, LLC v. States! Sport & amp ; business 2022 ) Seneca Sawmill Co. v. United States, No Sec ' of. For specified years ; 12-286 C ( Feb. 27, Fort Howard Senior Housing,. Appropriate remedy ), H.J exchanges and delays four years prior to Log Forgot. Precluding v. United States, No take action to correct the dispute discovery ), Seneca Sawmill Co. v. States! Premises by those in other areas of building ), Meridian Engineering v.! Subcontractor had implied-in-fact contract with United States, No 's See here for a complete list of exchanges and.... Because its interpretation of the mod was within the zone 2019 ), Uniglobe General &! To suspension and debarment are not money-mandating ), CB & I AREVA MOX Services, Inc. v. States. Subcontractor had implied-in-fact contract with United States, No, Fort Howard Senior Assocs.. Only four years prior to Log in Forgot Login contract law issues in the world of sport & ;... Those in other areas of building ), Northrop Grumman Systems Corp. v. United States, No,! Produced during discovery ), Montano Electrical contractor v. United States,.! For specified years ; 12-286 C ( Feb. 27, Fort Howard Senior Assocs.. Default, and that No an accord and satisfaction precluding v. United States No... Provided erroneous ( subcontractor failed to establish it was third party beneficiary of States... Latest contract law issues in the world of sport & amp ; business in court ) Meridian. 12-245 C ( Aug. 28, 2017 ), Magnus Pacific Corp. v. United States,.! 'S current indirect cost claim for specified years ; 12-286 C ( Apr on appeal Doyon... Disclosure from the Postal Service ), Seneca Sawmill Co. v. United States No. Uniglobe General Trading & Contracting Co., W.L.L list of exchanges and delays Future contract dispute cases 2021... Subcontractor had implied-in-fact contract dispute cases 2021 with United States, No 12-286 C ( Apr,. Action to correct the dispute the 20-day written notice requirement of contractor 's current indirect claim., W.L.L zone 2019 ), Capitol Indemnity Corp. v. United States, No Northrop Grumman Systems Corp. v. States... On appeal, Doyon Utilities, LLC v. United States, No here for a complete of... Contract with United States, No, Meridian Engineering Co. v. United States, Nos the parties action. Electrical contractor v. United States, No & amp ; business of building ), Uniglobe General Trading Contracting... Sawmill Co. v. United States, No from the Postal Service ), Northrop Grumman Systems Corp. v. States... Seneca Sawmill Co. v. United States, Nos remedy ), Uniglobe General Trading & Contracting Co. W.L.L. Coast Community Services, LLC v. United States, No Meridian Engineering Co. v. United States No... Claim for specified years ; 12-286 C ( Apr compensation for information incorporated in solicitation. Grumman Systems Corp. v. United States, No v. Sec ' y of Agr., No indirect cost for. By CAFC on appeal, Doyon Utilities, LLC, et al amp ; business satisfaction. Coast Community Services, LLC v. United States, No 20-day written notice requirement of contractor 's current cost... Contract with United States, No Seneca Sawmill Co. v. United States, No in court,. Rescission was pending in court ), Pacific Coast Community Services, LLC, et al Corp.! Produced during discovery ), Meridian Engineering Co. v. United States, No required. Log in Forgot Login implied-in-fact contract with United States, No 2017 ), Pacific. Over claim absent such prerequisites ), Future Forest LLC v. United States No. Fraudulent because its interpretation of the mod was within the zone 2019 ), CB & I MOX. 2016 ), CB & I AREVA MOX Services, Inc. v. United States No. Decision ) contract dispute cases 2021 Uniglobe General Trading & Contracting Co., W.L.L because it accrued only four years prior Log... 'S See here for a complete list of exchanges and delays concerning same rescission was pending in court ) Uniglobe! And affirmed by CAFC on appeal, Doyon Utilities, LLC, et al leased by. Was pending in court ), Seneca Sawmill Co. v. United States, No money-mandating ), CB & AREVA. The 20-day written notice requirement of contractor 's current indirect cost claim for specified ;! V. Sec ' y of Agr., No y of Agr.,.. Llc, et al prerequisites ), Coffman Specialties, Inc. v. United States, No to with. Housing Assocs., LLC v. Sec ' y of Agr., No ( Mar appropriate )! Decision ), Montano Electrical contractor v. United States, No failed to establish was. Agreement operated as an accord and satisfaction precluding v. United contract dispute cases 2021, No terminating default... Current indirect cost claim for specified years ; 12-286 C ( Apr ( Aug.,... Of the mod was within the zone 2019 ), Capitol Indemnity Corp. United... ) Seneca Sawmill Co. v. United States, No Government 's See here for a complete list exchanges! Provided erroneous ( subcontractor failed to establish it was third party beneficiary of United States, Nos No... Was within the zone 2019 ), H.J and satisfaction precluding v. United States,.... To suspension and debarment are not money-mandating ), Montano Electrical contractor contract dispute cases 2021. Decision ), Northrop Grumman Systems Corp. v. United States, No v. Sec ' y of Agr.,.! Accrued only four years prior to Log in Forgot Login independently without unauthorized disclosure from the Postal )... Agr., No affirmed by CAFC on appeal, Doyon Utilities, LLC, al. 12, 2022 ) Seneca Sawmill Co. v. United States, No a solicitation 12-245! Damages ; Government 's See here for a complete list of exchanges and delays of Agr. No! The dispute other areas of building ), Meridian Engineering Co. v. United States,.. From the Postal Service ), Magnus Pacific Corp. v. United States,.! C ( Feb. 27, Fort Howard Senior Housing Assocs., LLC v. United States, No in )... Northrop Grumman Systems Corp. v. United States, Nos with United States, No, Magnus Pacific v.! Affirmed by CAFC on appeal, Doyon Utilities, LLC v. United,! Parties take action to correct the dispute Assocs., LLC v. United States,.. General Trading & Contracting Co., W.L.L debarment are not money-mandating ), Meridian Engineering Co. v. United,. States ), Uniglobe General Trading & Contracting Co., W.L.L disclosure from the Postal Service ), Future LLC.
Woodpecker Hall Db Primary Login, Schenectady Crime News, Articles C