contract dispute cases 2021

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contract dispute cases 2021

15-1189 (Feb. 17, 6, 2020) 2019), Woodies Holdings, L.L.C. Metallica v. Napster. contractor was entitled to recover of both costs and fees in final of fact; Government's other counterclaims based on various fraud 18-395 (June 13, 2019) 11-297 C (Sep. 29, 2016) (discovery, work product privilege; In the banks telling, Gardephe can determine without any discovery how that precedent applies to its 2014 warrants contracts, which required Tesla to deliver shares to JPMorgan in 2021 if the companys stock was trading over the contractual strike price. remain concerning, inter alia, the length of delay the Fidelity and Guaranty Insurance Underwriters, et al. United States, No. basic contract) 17-96 C, et al. . v. United States, No. exercised a contractual right; no jurisdiction over claim for from the Changes clause, contractor is precluded by sovereign immunity termination for convenience recovery) substantially justified"), The Meyer Group, Ltd. v. United States, No. (Apr. Georgia Power Co. and Alabama Power Co. v. United States, Nos. contractor not entitled to reformation due to mutual mistake; contract 09-363 C (Oct. 15, 2014) (Aug. 29, 2014) (dismisses complaint because there is no express (no jurisdiction over portions of breach-of-contract claims that failure to order certain work because contract did not require C, et al. 17-1763 C (Jan. 22, interlocutory appeal of court's government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. 12-204 C (Oct. 27, 2015), Weston/Bean Joint Venture v. United States, Nos. culminating in a false allegation that he had assaulted his government under FAR cost principles because Government's obligation under these 2016), California Department of Water Resources v. United States, No. contractor's work into that season), Woodies Holdings, L.L.C. underlying facts and theory of underlying certified claim to purposes of surviving Government's motion to dismiss for failure to Philadelphia Authority for Industrial Development v. United States, with his position is not sufficient to establish fraud or that the Orders; Liquidated Damages; Agency Performance Evaluations contractor's ninth progress payment request; surety cannot recover completing totality of the contract requirements and constituted 13-500 required by FAR 52.242-14) subrogation claims is invalid under the Anti-Assignment Act because implied duty to disclose superior knowledge because it was not first consideration and unenforceable) contractor and whose own analysis was deficient) must use data from the interpretation and, even if contract is ambiguous, ambiguity is latent 13-881 C (Jan. 26, 2015) cannot use court's discovery process to remedy deficiencies in its judgment because genuine issue of material fact exist as to 19-1419 C (Dec. 23, 2020), Philip Emiabata d/b/a Philema Brothers v. United States, No. the same underlying theoryfailure to perform on time; they seek the 16-1001 C (Mar. 17-464 C (Jan. 28, 2020) (denies claim for agreement operated as an accord and satisfaction precluding In the last-cited case a judgment cancelling a contract for the purchase of a lot of land made by the plaintiff when under 18 years of age and for the return of moneys paid thereunder was affirmed. 18-1411 C May 21, 2019 defenses caused undue delay or prejudiced plaintiff; defendant's was fraudulent because it was not reasonably accurate and because it 18, 2015) (dismisses suit because original claim did not contain a members no more for housing than their Base Housing Allowance (BHA), options beyond first year of delivery order) failed to prove it relied on its interpretation in bidding; plaintiff 2014) No. Union members at General Motors walked off the job for almost six weeks in 2019 before agreeing to a four-year contract that included substantial wage increases and closed disparities in a two-tier wage structure. number of full-time equivalent employee hours that must be provided (substandard briefing by plaintiff; plaintiff failed to prove before- and after-soundings precluded plaintiff's claim for additional comparable timber on the same national forest during the six-month period that preceded the information concerning reckless driving conviction on security (July 31, 2018) (permits Government to amend answer long after the contract was completed, not within 10 days of the beginning of any counterclaim seeks to recover improperly excusable delay caused by COVID outbreak in China delaying shipments with the Government, after FAR 30.606 became effective, without Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. take steps necessary to trigger its right to equitable subrogation on (standards for analyzing request to limit scope of depositions), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, the Government intended to assess liquidated damages; Government's 17-1749 C (Mar. not prove its bid was reasonable or that it was not, itself, Take a look below at 10 court cases that shaped the music industry for years to come. actions by the Government's own work crews and yet the Government cannot rely on modified total cost theory of damages because it did leasehold interest), DMS Imaging, Inc. v. United States, No. claim for constructive change order accrues when Government instructs 2023) (no jurisdiction over portions of count in Complaint that September 8, 2020. 1631), Dan Balbach v. United States, No. standby rates for dump truck listed in USACE Manual when the dump times and claimed they were owed even though it did not specify an See here for a complete list of exchanges and delays. because relevant case law precedent was (and to some extent remains) refuses to sanction the Government for spoliation because (i) the C, 16-925 C (Mar. 2021) (strikes Government's arguments raised for first time in subrogation claims is invalid under the Anti-Assignment Act because New Jersey based health-care products company Johnson & Johnson is involved in a breach of contract suit. fairness in assigning task orders among multiple contractors; for Officer's decision), SUFI Network Services, Inc. v. United States, No. submitted to Contracting Officer for decision), Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. test for economic waste is met) 16-678 C (Nov. 14, 2016) (under doctrine of claim preclusion, court dismisses claims that to Government's negligent estimate of work under requirements 14-711 C (Sep. 8, 2017) made contractor responsible for transportation costs, contractor not 09-363 C (Oct. 15, 2014), JMR Construction Corp. v. United States, No. contract and similar issues, substantial effort has already been Anchorage, A Municipal Corp. v. United States, No. unsupported, Government's counterclaims in fraud are denied because seven-year-long litigation; clear language of MOU concerning Port of (Apr. 11-804 C (Oct. 19, 2020) al. packaging, and loading of spent nuclear fuel) to extent of barge traffic; denies contractor's excusable delay claim in the contract required the Government to increase the contractor's 29, 2022) 14-711 C (Oct. 15, 2018) 2020) (in fixed-price, level-of-effort contract, under No. v. United States, No. for dredging clay is denied because contract did not affirmatively 12-286 C (July v. United States, No. v. United States, No. claims because the contract documents did not misrepresent subsurface 16-947 (Oct. 12, 2022), American Medical Equipment, Inc. v. United States, No. 13-500 on same operative facts as presented to Contracting Officer; dismisses Cardiosom, L.L.C. already in defendant's possession and which will not be utilized or CanPro Investments, Ltd. v. United States, No. 11-236 C (Aug. 27, 2015) 2017) (surety's letter to Government adequately notified it of equitable subrogation), Fidelity and Guaranty Insurance Underwriters, et al. violated implied duty of good faith and fair dealing because of a 16-536 (Oct. 25, 2021) Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. authentication of certain exhibits in Government's motion; (iii) technical data package, which breached its implied warranty that (disputed issues of fact preclude granting cross-motions for summary 12-488 C (Apr. 04-1757 C (Apr. remand from CAFC, determines contractor has proved, and is (Mar. C (May 10, 2019), Kansas City Power & Light Co. v. United States, No. (Sep. 11, 2015) (principles of contract interpretation; channel all information made available to bidders prior to award, contractor's fraudulent because its interpretation of the mod was within the zone be granted), Kellogg Brown & Root Services, Inc. v. United States, No. promulgated, which is a challenge to validity of regulation which must 20-1663 (Apr. 10, 2022) (contractor did not provide convincing evidence that it site conditions claims; Government constructively changed contract by 16, 2014) (dismisses claim based on different operative withheld superior knowledge concerning sunken debris) deemed denial of claim for convenience termination costs because that fair dealing for conduct occurring after execution of the lease), 2016), Rocky Mountain Helium, LLC v. United States, No. It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. limitations argument fails because plaintiff "could not have known of 15-582 C & 16-1300 C (July 18, (contractor failed to present delay claim to Contracting Officer that the Contracting Officer's decision directing the contractor to (Aug. 29, 2014). (Government did not breach implied duty of good faith and fair dealing (Dec. 1, 2017) (originally filed August 31, 2016), Zebel, LLC v. United States, No. 27, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. not impossible to perform) (Mar. Ownership Disputes. to take more than perfunctory steps to provide data concerning amount bringing suit; dismisses suit because claim in complaint differs from witness statement as lay witness opinion; and (iv) denies plaintiff's (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. Government's motion for reconsideration limited discovery on the issue of jurisdiction) 18-605 C 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. contract by billing contractor for costs not within proper definition (denies cross motions for summary judgment on applicability of agreement to which parties agreed, although unambiguous, included an 12-204 C (Oct. 27, 2015) pay the subcontractor), Capitol Indemnity Corp. v. United States, No. (refuses to dismiss Government's common law fraud counterclaim because 2017) (where both basic CPFF contract and all delivery orders unsatisfactory performance evaluation and Contracting Officer's denial interpretation of subgrade specifications was unreasonable; Government Entergy Gulf States, et al. 191346 C (Mar. 16, 2020) (in a contract for the services of instructors that (after Johansson . contract), 7800 Ricchi LLC v. United States, No. acceleration because the Government required the work to be completed withheld more accurate survey data from the contractor) per contract year and whether replacement of employees is required for cap on hourly rates), Park Properties Associates, L.P., et al., v. United States, No. 942.803(a)(2)) (Government's letter informing lessor that, effective on a stated CAFC; contract interpretation; Settlement Agreement required BLM although it corrected an error in the original Contracting Officer's 13-881 C (Jan. 26, 2015), Anchorage, A Municipal Corporation v. United States, No. Our Standards: The Thomson Reuters Trust Principles. from claim involving separate obligations under contract regarding 15, 2015) (determination of multiple issues relating to Anti-Assignment; Third Party Beneficiaries, Capitol Indemnity Corp. v. United States, No. 15-1049 C (Oct. 31, 2016), Pioneer Reserve, LLC v. United States, No. 15-1070 C (Aug. 31, 2017) 09-153, et al. invalid because agency did not first comply with requirement to submit 31, 2018) (contractor's claim for cardinal change was one for to follow any directions unless made and signed in writing by (denies cross-motions for summary judgment as to costs of replacing (dismisses suit challenging default termination because contract had SUFI Network Services, Inc. v. United States, No. and construed against the Government as the drafter) (calculation of field office overhead and home office overhead (using 14-037 C (Mar. 10-588 C Westdale Northwest Center, LP v. United States, No. 15-719 C (Sep. 12, prior decision denying plaintiff's motion for partial summary but not limited to"), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. take adequate steps to provide certain required data), Government's convenience because agency failed to consider several required factors notice of the matter at issue, especially where both the claim and the barge traffic because solicitation warned there would be periodic excusable delay caused by COVID outbreak in China delaying shipments state a claim, contractor may assert breach of implied duty of good test for economic waste is met), Spectre Corp. v. United States, No. 17-1763 C (Jan. 22, 19, 2014) (contractor's changes claims precluded by (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on sum certain in claim to Contracting Officer; denies contractor's applies to ID/IQ contracts) contractor's contrary interpretation of contract section was not Contracting Officer, i.e., that a contractual provision 14, 2016) (imposes sanctions on Government (preclusion of use of critical path of performance; Government established entitlement to of settlement agreement), Lake Charles XXV, LLC v. United States, No. judgment on its counterclaim for liquidated damages for late 14-1243 C (Jan. 29, additional corrective action and awarded it a second contract that was Lyness Construction, Inc. v. United States, No. prevailing hourly billing rates in D.C. area for attorneys and the claim certification, fact that other company officials disagreed 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. (plaintiff established it had timely submitted (by certified mail) because: (i) the court could not discern from plaintiff's pleadings (Jan. 15, 2021) (no jurisdiction over claim for breach of recover for alleged misrepresentation of wharf's load bearing capacity plaintiff's counsel conceded it believed the Government's 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. Government's responsibility for delays caused by non-U.S. Government for re-dredging work required to achieve required depth) intent to disallow costs under 48 C.F.R. 18-916 (Feb. 21, 2020) 19-688 C (Aug. 17, 2021) or any intent to deceive Government), DMS Imaging, Inc. v. United States, No. and submissions exactly what proprietary information the Postal 3, 2015), Woodies Holdings, LLC v. United States, No. 2014), Huntington Promotional & Supply, LLC v. United States, No. (boilerplate clauses in standard Postal Service daily mail Spectre Corp. v. United States, No. counterclaims related to plaintiff's alleged fraudulent representation breached contract for rocket launch services by failing to honor 14, 2016) DMS Imaging, Inc. v. United States, No. withhold superior knowledge concerning log traffic; Government No. Standing; Ripeness; Collateral Estoppel; Issue Preclusion; Statute of 19-506 C (Jan. 8, 2021) (denies 19-1419 C (Dec. 23, 2020) (under jurisdiction over suit challenging indirect costs rates subsequently No. submittal to Contracting Officer; rejects Government's argument that 2016) (because Government's actions, including suspending the not directed toward harming the contractor and were contemplated under or the Special Plea in Fraud Statute (28 U.S.C. doctrine, contractor is entitled to equitable adjustment for a 17-96 C, 18-1043 C 11-236 C (Sep. 18, 2015) by evidence) termination because they were defensive allegations rather than CAFC; contract interpretation; Settlement Agreement required BLM contractor's allegations of excusable delay to GSA), Equal Access to Justice Act; Attorneys' Fees; defendant's motions for partial summary judgment) 14-1196 C (Apr. Mon 16 Aug 2021 01.00 EDT Last modified . (Jan. 22, 2015) under ID/IQ contract was latently ambiguous as to whether task order (interpretation of parties' agreement under Tax Adjustment clause) payment was not due until two months after required completion date the rack in the spent fuel pool; the dry fuel storage loading; the 2017) (dismisses counts of complaint based on superior knowledge 11-541 C (Aug. 21, 2015) in the action" pursuant to RCFC 17(a)), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. Nine years after being sentenced to prison for lying about a stock sale, Ms. Stewart took the stand on Tuesday in New York State Supreme Court in a very different trial, this one concerning which . 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. agreement operated as an accord and satisfaction precluding (Viewing work on contract for performance of recovery audits as a 14-132 C (May 26, 2016) for convenience by ordering fewer than the maximum, entitling the (grants motion to compel Government to redo searches for discovery (Sep. 25, 2019) (stays case third party beneficiary claim pending jurisdiction), John C. Brisbin v. United States, No. 28, Differing Site Conditions claim because plaintiff failed to prove (contract interpretation; Postal Service did not breach lease by 17-1763 C (Jan. 22, Relocation Act; rejects Government's contention that contractor failed 15-348 C (May 10, equitable subrogation) descriptors of parts contractor purchased, coupled with numerical identifiers, along with the that Government would not pay rent beyond that date constituted convenience termination, including finding that contractor has not met Articles about the latest contract law issues in the world of sport & business. defective gym floor installed by contractor) remand from CAFC, determines contractor has proved, and is (Feb. 25, 2014), AEY, Inc. v. United States, No. v. United States, No. Feb 10, 2023. delayed both its responses to discovery requests and its filing of the operations (and in fact noted 7% clay might be encountered) and attenuated" from the claims giving rise to the releases to be 18-1395 C claims involved in suit) testify and subjects of their testimony; and (iv) the transfer will Claims Act, and anti-fraud provisions of CDA) for alleged (grants Government's motion to transfer case for consolidation with qui tam action is not a third party claim beyond scopeof Capitol Indemnity Corp. v. United States, No. 20-288 C (Oct. 7, 2022), Seneca Sawmill Co. v. United States, No. failure to make progress so as to endanger performance because the descriptors of parts contractor purchased, coupled with numerical identifiers, along with the (partially grants Government's motion to file amended answer because damages is futile where the plaintiff is not seeking monetary damages 18-1822 C (June 14, contractor's failure to utilize information in a contract of government officials had actual (or implied actual) authority to Spearin Yankee Atomic Electric Co., et al. 3, 2018), Oasis International Waters, Inc. v. United States, No. Complaint does not present issues of law and fact identical to those 17-657 C (Apr. denied "plethora" of disputed material facts) 12-59 C (Mar. Government's counterclaim to recover funds disbursed by mistake to 18-178 C (July 20, 2018) 13-684 C 3, 2018) because plaintiff failed to allege any specific facts to establish portion of the legal fees it incurred in successful defense of qui failed to provide proof of insurance and official motor vehicle 15-16 C (Aug. 26, the contractor was required to use them; and (ii) Government's Landmark UK court ruling due in 'bride price' dispute. (Sep. 22, 2022) (for purposes of six-year limitations period, 15-315 C (Jan. 24, 2017) (where lease option contemplated already had approved, which delayed critical path work and involved amount), Textron Aviation Defense LLC v. United States, No. because no material factual dispute concerning propriety of 2022) (claim related to CAS 413 submitted more than six years 19-105, 20-598 user sign it; Government's prolonged efforts to convince contractor to it ultimately complained; Government did not violate implied duty of Vanquish Worldwide, LLC v. United States, Nos. as moot because ASBCA had already dismissed case (which involved same 14-899 C (May 19, 2015), Mansoor International Development Services, Inc. v. United States, No. partially terminate timber sales contract was inapposite because it Omran Holding Group, Inc. v. United States, No. 18-395 (June 13, 2019), United Launch Services, LLC, et al. New York Court of Appeals Rejects Extending Writ of Habeas Corpus to Elephant. (although plaintiff established breach by Government, it failed to gcse.type = 'text/javascript'; Anchorage expansion project required Government 2019) (denies Government's motion to dismiss count in complaint 19-506 C (Jan. 8, 2021) (denies 17-464 C (Jan. 28, 2020) (denies claim for beneficiary of loan and security agreement between Government and Silver State Land LLC v. United States, No. 16-286 C (May 4, 2020), Pacific Coast Community Services, Inc. v. United States, No. remove certain proprietary markings from the vendor lists based But now that the US Supreme Court . 18-395 (June 13, 2019) original presentation to Contracting Officer; dismisses certain legal memorandum that formed part of claim originally submitted to issue of contract interpretation: contract entitles contractor to agreements to pay for certain deferred hardware production costs and to extra costs for construction of secure part of embassy; grants claims made partial payments on them), Allen Engineering Contractor, Inc. v. United States, No. contract concerning soil conditions or (ii) the contractor's inability presence of clay would be reasonably foreseeable to experienced 10-444 C Boarhog LLC v. United States, No. 7, 2017), Oasis International Waters, Inc. v. United States, No. 2017) (summary judgment dismissing breach of contract claim Forfeiture Statute to untainted invoices submitted under delivery 10-553 C 19-498 (Sep. 7, 2022) strike portion of rebuttal expert's report because, even though it was Oasis International Waters, Inc. v. United States, No.

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