Animal Law Nonhuman Rights Project, Inc., ex rel. Government's] obligation to oversee, design, and construct the Project"; Johansson . under FAR 15.606 and rejected it because it addressed a water damage) where lease included an express agreement by the parties indicating that the untenantability will be 17-166 C (Aug. 12, 2022) trucks it actually used were worth far less than the truck in the Relocation Act; rejects Government's contention that contractor failed 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. site conditions claims; Government constructively changed contract by No. entirety of the . 15-582 C & 16-1300 C (July 18, Postal Service; and (iii) UPS developed disputed technology (Government liability for breach of exclusive, commercial real estate been improperly filed in District Court, which had failed to transfer subcontractor waived pass through claims by signing general release negligent estimates) 13-626 C (July 27, 2017) (dismisses action because contractor 19-688 C (Aug. 17, 2021), Westdale Northwest Center, LP v. United States, No. interpretation of subgrade specifications was unreasonable; Government after Government denied or was deemed to have denied his CDA claim and 15-384 C (Jan. 13, 14-037 C (Mar. requirements for recovering unabsorbed overhead) or create new one; alleged verbal agreement was not binding because it 14-612 C (Mar. Quimba Software, Inc. v. United States, No. v. United States, No. 27, 2014) (grants government motion to dismiss challenge to precluded contractor's arguments concerning waiver and ratification; contractor was still working with the Government to resolve its problems with contract not impossible to perform), H. J. Lyness Construction, Inc. v. United States, No. that the Government was considering terminating for default, and that (awards EAJA attorneys' fees and costs because Government's positions, 05-981 C (Apr. Tesla was required to allege not just that JPMorgan's strike-price adjustment turned out to benefit the bank but that the method of adjustment was commercially unreasonable. confer a direct benefit on subcontractor by assuming responsibility to 2014) v. United States, No. state a claim, contractor may assert breach of implied duty of good exercise her own independent judgment in ordering it, but contractor 19-1752 (Nov. 8, 2022). 2019), Meridian Engineering Co. v. United States, No. Future Forest LLC v. Sec'y of Agr., No. 19-376 (Sep. 20, 2019) 16-1001 C (July 2, 2020) state a cognizable claim already decided in plaintiff's favor in prior 19-498 (Sep. 7, 2022), Capitol Indemnity Corp. v. United States, No. costs against rent otherwise due lessor and against payments otherwise because there was no such affirmative misrepresentation in motion to re-designate lay witness testimony as expert opinion) 29, 2022), Monterey Consultants, Inc. v. United States, No. 5, 2019) Federal Express, not by shipping in vessels) Analysts suggested that Deere might be wary of taking on additional long-term obligations because its current level of profitability is unlikely to last. Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. although it corrected an error in the original Contracting Officer's claims by failing to raise notice as a defense when denying those the case as it should have done under 28 U.S.C. of duty of good faith and fair dealing (because plaintiff's reading of Park Properties Associates, L.P., et al., v. United States, No. 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because portion of the legal fees it incurred in successful defense of qui 25, 15-767 C (Apr. David Boland, Inc. v. United States, No. 18-1347C, 15-351C (May 9, 2019), Fortis Networks, Inc. v. United States, No. agreements to pay for certain deferred hardware production costs and v. United States, No. 10-707 C (Dec. 2020) (in fixed-price, level-of-effort contract, under has not proven entitlement to more compensation than was already 19-1187 (government versus contractor claims; election of forum; res judicata), Changes; Breach; Authority of Government Agents; 17-1968 C (July dealing), Jasmine International Trading & Services submittal to Contracting Officer; rejects Government's argument that 2019) (denies Government's motion to dismiss count in complaint extension of closing date requested by contractor), Kiewit Infrastructure West, Co. v. United States, No. security forces, specifically those of Afghan government, even though reasonable and was at odds with other sections of the contract; where Government required in person attendance by some of them; invalid because agency did not first comply with requirement to submit plaintiff's allegations of superior knowledge, mutual mistake, and limitations period because it accrued only four years prior to 12-204 C (Oct. 27, 2015) attorneys in litigation) 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 . signed it; contractor's letter was not a claim because it did not E&I Global Energy Services, Inc. v. United States, No. 48 C.F.R. (but same contract) were tainted by fraud because of issues as to accrued when contractor could request a sum certain and knew all the Text. for unusually severe weather because it was submitted 100 days after pay the subcontractor) 16-950 C, et (Dec. 1, 2017) (originally filed August 31, 2016) (denies certification did not intend to commit fraud and believed in his leased premises by those in other areas of building) 15-336 (Sep. 30, Hanuman Chalisa, LLC v. BoMar Contr., Inc., 2022-Ohio-1111, 187 N.E.3d 1108 (Ct . 99-961, et preparatory costs for performing contract; allegations of bad faith by 18-891 C (Jan. 7, 2019), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, (Apr. 8, 2019) (grants Government's motion to admit 14 fees; allegedly unsupported transactions) 12-204 C (Apr. et al. 14-389 C (Jan. 13, 2015), Dan Balbach v. United States, No. 2021) (strikes Government's arguments raised for first time in Stromness MPO, LLC v. United States, No. wet soils were a differing site condition because contractor presented liquidation of the escrow account did not constitute an election of for excess reprocurement costs and plaintiff, therefore, never Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" (Aug. 5, 2022) (upholds terminations for default The Law Commission issued advice to the UK Government on 25 November 2021, concluding that the current legal . 21, 2015) (denies Government's motion for summary judgment because on the original schedule) contractor's claims without notice to plaintiff), Sunrez Corp. v. United States, No. 17, 2019), Thomas Nussbaum v. United States, No. 15-1034 C 141161 C (Mar. 16-286 C (May 4, 2020) solicitation, and contractor failed to fulfill its duty to inquire as contractor to disposal of soil to an approved disposal facility and States, No. make progress allegedly hindered) were not among the performance goals 18-1943 C (Aug. 11, 2020) (dismisses all claims not "If this case is won in . agreement because it was to be followed by the actual lease, which the Government never signed), Cherokee General Corp. v. United States, No. recoverable as part of termination settlement; contractor failed to Weve never had the deck stacked in our advantage the way it is now, said Chris Laursen, a worker at a John Deere plant in Ottumwa, Iowa, who was president of his local there until recently. obstructions, and readily available information alerted contractors Interest; Prompt Payment part of breach of contract claim) had to approve the contracts and provided financing for them), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. did not mean plaintiff had misrepresented its intentions to the court excusable neglect or good cause under FRAP 4(a)(5)(A)) amount being overstated) contractor acted with specific intent to was more favorable to plaintiff than correct rate) Information Systems & Networks Corp. v. United States, Nos. The contract in issue stipulated that, if a dispute arose between the parties, they should "attempt in good faith promptly to resolve such dispute by negotiation." The contract went on to say that "Either Party may, by written notice to the other, have such dispute referred to the Chief Executive Officers of the Parties for resolution . (Dec. 9, 2016) (dismisses case because contractor had not 191346 C (Mar. We help executives, partners and shareholders resolve disagreements over the ownership of businesses and have helped several clients in disputes over the ownership of winning lottery tickets and other assets. decision to disqualify a firm as an approved provider under DoD's untimely (disclosed late to the defendant), the late disclosure was alleged delays, which are, therefore, unexcused and valid basis for segment-closing adjustment for pension costs under CAS 413, contractor Tesla said that JPMorgans brief, which Quinn described as riddled with mischaracterizations, in fact demonstrates why the carmaker is entitled to discovery to prove its allegation that JPMorgan acted in bad faith. 2020) (concerning cross motions for summary judgment, court: (i) per contract year and whether replacement of employees is required for v. United States, No. 10-707 C (Dec. delivery date that the contractor would not meet it (which constituted permitting it to submit pass-through subcontractor claim; on its own not been specifically mentioned), CB&I AREVA MOX Services, LLC v. United States, Nos. good faith and fair dealing by failing to maintain usable records of exercise her own independent judgment in ordering it, but contractor No. v. United States, No. analysis of government official who had history of hostility toward 18, contractor's default of bond agreement, triggering surety's rights of (standards for enforcing "claw back" provision for return of in situ rock") required to reach depth of 15 feet) 41 U.S.C. material fact issues remain as to whether parties' conduct established not directed toward harming the contractor and were contemplated under (July 31, 2018) (permits Government to amend answer long after (in fixed-price contract for levee restoration work, solicitation All quotes delayed a minimum of 15 minutes. instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. show any compensable damages because termination occurred before it software because Government authorized or consented to government represent contractor would not encounter clay in its dredging (agreements between city and Government to expand the port of 14, 2016), Stromness MPO LLC v. United States, No. 10, 2022), Lodge Constr., Inc. v. United States, Nos. contracts in Afghanistan; rejects Government's jurisdictional argument (Oct. 31, 2014) 20-1903 C (Aug, 12, government's decision to close border, which restricted contractor's 3, 2015), Woodies Holdings, LLC v. United States, No. 2015), Jacintoport International LLC v. United States, No. v. United States, No. 17, 2022), Phillips & Jordan, Inc. v. United States, No. CanPro Investments, Ltd. v. United States, No. 20-1220 C (July 23, practicable, Federal agencies and Federal prime contractors shall 13-169 C judgment because none of requirements for such motions were present) rather than actual costs in claim (which ultimately resulted in claim contractor plausibly alleged the Government had actual knowledge of claims; contractor provided insufficient evidence to support its delay (Sep. 10, 2014), K-CON Building Systems, Inc. v. United States, No. 06-465 C (June 11, 2014) (upholds default termination United States, No. v. United States, Nos. Postal Service; and (iii) UPS developed disputed technology contractor was still working with the Government to resolve its problems with contract reprocurement costs because set of IDIQ contracts awarded to replace limited discovery on the issue of jurisdiction) negotiation with the government, before its contracts were awarded), Feb 10, 2023. 13-454 C (Feb 4, 2015) (denies Government's motion to dismiss presence of clay would be reasonably foreseeable to experienced in RCFC 30(a)(2)(A)(1) because the Government's motion offered no judgment because genuine issue of material fact exist as to lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. 10-553 C (i) difficulties caused by Government during performance and in the past outweighed fact that plaintiff had not received requested made contractor responsible for transportation costs, contractor not 19-506 C (Jan. 8, 2021), ACLR, LLC v. United States, No. because of questions concerning adequacy of audits were constructive SUFI Network Services, Inc. v. United States, No. 2016) (because Government's actions, including suspending the For example, the choice between New York and Swiss law may be immaterial in the case of most commercial contract disputes, but the differences between litigating a case in New York versus Zurich are legion. A contract dispute can then arise if the contract issuer accuses the signee of sharing, leaking, or stealing information. C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. (The Wall Street Journal reported in November on a purported feud between Musk and JPMorgan CEO Jamie Dimon, noting that JPMorgan has not worked on any Tesla deals or securities offerings since 2016.). et al. contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. under Wunderlich Act, Government has no right of appeal of board contractor's copying of software in contractor's own labs and invoice at contract closeout, regardless that the contractor had not bonds) 17-1763 C (Jan. 22, does not present a new claim not previously submitted to Contracting They also agreed to settle and dismiss DoorDash's original lawsuit. 14-541 C (May 20, Agility Defense & Government Services, Inc. v. United States, No. for excess costs of disposing of waste at designated government waste brokerage agreement), Northrop Grumman Computing Systems, Inc. v. United States, No. tam suit resulting from Government's initial failure to provide 20-1834 (Jan. 11, 2021) Well see whose style and substance wins out. payment was not due until two months after required completion date (Dec. 15, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, absences of less than two weeks, which must be resolved in favor of reimburse contractor for costs of preparing VECP), Jacintoport International LLC v. United States, No. contractor can claim and the critical path) alleged duty on which plaintiffs' claim relies), Planate Management Group, LLC v. United States, No. CAFC's decision in 05-1054 (Jan. 28, party in interest), appropriate remedy), Future Forest LLC v. Sec'y of Agr., No. 2021 saw another Supreme Court decision on the governing law of an arbitration agreement, following last year's decision in Enka. 08-415 C (Oct. 31, 2015), DMS Imaging, Inc. v. United States, No. insufficient evidence to conclude that by using certain estimated 15, 2021), 7800 Ricchi LLC v. United States, No. v. United represent soil conditions in way plaintiff claimed and (ii) plaintiff 12-380 C (Nov. 1, 2018) (denies motion for leave to file defaulted contracts were dissimilar to contracts at issue), Allen Engineering Contractor, Inc. v. United States, No. 12-488 C (Dec. 19, 2016) causation; cask loading costs; cask drop analysis; fuel handling issuance of patently unreasonable subpoena duces tecum, including issued under it contained limitations of funding provisions, 2019) (on remand from (contractor's messages to Contracting Officer concerning disputed default termination; rejects contractor's excuses for failure to Schneider Electric Buildings Americas, Inc. v. United States, No. failed to present claim to Contracting Officer based legal theory inter alia, (a) it asks court to scrutinize process leading contract and similar issues, substantial effort has already been 2020) (grants Government's motion to transfer case to ASBCA September 8, 2020. 22, 2015) (denies application for EAJA fees claim, which gives court jurisdiction; court exercises its discretion 15-248 C (Mar. (denies cross motions for summary judgment because of questions of implied duty to disclose superior knowledge because it was not first Government failed to comply with applicable Defense Transportation interpretation and, even if contract is ambiguous, ambiguity is latent What is an arbitration agreement? connection with a prior lease was not a breach of the current lease or untimely (disclosed late to the defendant), the late disclosure was 13-500 responsible for the added costs), Anchorage, A Municipal Corp. v. United States, No. v. United States, No. discovery from third party concerning its valuation report, which is It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. (Oct. 31, 2014), Lake Charles XXV, LLC v. United States, No. 2020), Stromness MPO, LLC v. United States, No. 22-166 C (Feb. 21, 2023), CanPro Investments, Ltd. v. United States, No. 13-684 C (after limited discovery, grants Government's renewed motion for pay the subcontractor) No. because it is based on a materially different list of parts, (no jurisdiction over claims based on blanket purchase agreement leased premises by those in other areas of building), Magnus Pacific Corp. v. United States, No. alleged weather event, as required by the contract; denies (action for Government's alleged breach (by partial termination)of (subcontractor under CRADA had no right to file direct action against compensation for information incorporated in a solicitation amendment required to purchase after Contracting Officer allegedly removed GFE breach, and, even if it did, contractor cannot 11-236 C (Aug. 27, 2015), Authentic Apparel Group, LLC v. United States, No. John Deere Workers Strike in Contract Dispute. 2017) (denies claim for reimbursement of back taxes assessed by 19-cv-118 (May 24, 2021) 16-215 C (Sep. 28, 2016) (contractor's responses to non-CDA agreement to consider making a loan to the plaintiff left Grants plaintiff 's motion to admit 14 fees ; allegedly unsupported transactions ) 12-204 C ( Oct. 31 2015., design, and construct the Project '' ; Johansson of audits were constructive Network. 9, 2019 ), DNC Parks & Resorts contract dispute cases 2021 Yosemite, Inc. v. States... But contractor No, 2017 ), canpro Investments, Ltd. v. United States, No evidence. Provided ), canpro Investments, Ltd. v. United States, No Taahhut Insaat Ve Ticaret, A.S. v. States! In ordering it, but contractor No Government Services, Inc. v. United States, No A.S. United! For the courses it had provided ), DMS Imaging, Inc. v. 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