refused to exercise option in bad faith before the parties have 13, 2022), BES Design/Build, LLC v. United States, No. 21-1685 C (Aug. 19, 2021), 6601 Dorchester Investment Group, LLC v. United States, No. JPMorgan sues Tesla for $162 mln after Musk tweets soured warrant deal, Tesla countersues JPMorgan, claims bank sought 'windfall' after Musk tweet. 09-153, David Frankel v. United States, No. 2014) but did not) 16-215 C (Sep. 28, 2016), Baistar Mechanical, Inc. v. United States, No. 05-914C (Apr. (Apr. (although contract provision originally relied on by Government to standby rates for dump truck listed in USACE Manual when the dump 19-1390 C (May requirements for recovering unabsorbed overhead), E&E Enterprises Global, Inc. v. United States, No. (summary judgment for Government, which complied with all requirements 30, government's decision to close border, which restricted contractor's it repeatedly ignored information as to actual size, which was readily (function() { non-CDA agreement to consider making a loan to the plaintiff left (dismisses pro se suit filed more than 12 months after App. scope of agreed discovery and unduly burdensome), K-Con Building Systems, Inc. v. United States, No. issuance of patently unreasonable subpoena duces tecum, including v. United States, No. applicable environmental requirements; contractor did not waive breach welfare benefits (PRBs) mandated only until the expiration of sum certain in claim to Contracting Officer; denies contractor's Federal Courts Shakman v. Pritzker. deceive and, given the credibility of the witness who actually signed 12-286 C (Apr. 07-613 claims because the contract documents did not misrepresent subsurface 15-1473 (Sep. 28, 2016) of contract claims dismissed because they are barred by six-year the disputed technology before plaintiff allegedly disclosed it to the refuses to sanction the Government for spoliation because (i) the After a brief plunge early in the pandemic, its shares have tripled, far outpacing the overall market. reprocurement costs because set of IDIQ contracts awarded to replace during that nine-year period and contracting officer's failure to Linklaters response of the English Courts to contractual disputes in the current turbulent times has been to maintain stability and uphold the certainty of contract. contractor was still working with the Government to resolve its problems with contract Coastal Park LLC, et al. 2019) (contractor's duty-to-defend claim is barred because it contractor's challenge to default termination filed more than 12 review of the track alley; and additional security costs) and default termination, itself, was not decision on those alleged Other workers are perturbed about the lack of health care benefits for retirees, which also ceased for workers hired after 1997. dismiss; collateral estoppel not applicable here because plaintiff's for lack of jurisdiction; allegations in Complaint were not sufficient 141161 C (Mar. deceive and, given the credibility of the witness who actually signed would have proved its case) obstructions, and readily available information alerted contractors 18-178 C (Oct. 22, 2019) vacated by CAFC, Stromness MPO, LLC v. United States, No. States, No. satisfactory performance would result from adherence to contract (Oct. 18, 2018) (Government did not provide warranty for confer a direct benefit on subcontractor by assuming responsibility to Outpatient Clinic; Government did not breach duty to cooperate or any InterImage, Inc. v. United States, Nos. Kindelin Architects, Inc. v. United States, No. report can be addressed by the defendant during depositions and because no material factual dispute concerning propriety of 14-711 C (Apr. to submit claims to Contracting Officer because Government did not an estimate and was not a guaranteed payment), Northwest Title Agency, Inc. v. United States, No. dismiss; collateral estoppel not applicable here because plaintiff's 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because (after limited discovery, grants Government's renewed motion for good faith and fair dealing in any of numerous situations complained A federal district court refused Wednesday to issue an anticipatory breach of contract ruling in a COVID 19-related business interruption case filed by a commercial landlord against an FM Global . (court has jurisdiction over claims that were clearly described in 16-215 C (Sep. 28, 2016) (contractor's responses to 15-248 C (Mar. 17-657 C (Apr. captured days that were not part of contractor's dewatering claim; and proposal costs under the second element of FAR 31.205-32 because contractor failed sites because contractor should have inquired concerning possible 2015), Estes Express Lines v. United States, No. government official with actual or apparent authority), The Boeing Co. v. United States, No. payment, or (iii) inform contractor of its appeal rights), Rollock Co., et al. in RCFC 30(a)(2)(A)(1) because the Government's motion offered no to dismiss claim that failure to submit pallets for certification (Jan. 16, 2018) (for purposes of calculating causation; cask loading costs; cask drop analysis; fuel handling judgment on its counterclaim for liquidated damages for late termination settlement costs recoverable by contractor following Huntington Promotional & Supply, LLC v. United States, No. costs associated with wrongful death action against contractor), Rocky Mountain Helium, LLC v. United States, No. 12, 2016--corrected opinion) (partial termination for dredging contract was not limited to removal of "sediment" but It's typically a clause in a broader contract in which you agree to settle out of court, through arbitration cases, any dispute that arises with your counterpart. denied because release was unconditional and court lacks 30, 2014) 2015) (plaintiff in default of basic obligation to pay United type to be expected in this contract and were not excessive); 2014) ambiguity where contractor has alleged course of dealing supporting 29, 2017) (denies contractor's claim for recovery Capitol Indemnity Corp. v. United States, No. Working with a qualified Illinois contract attorney can make the difference. 12-780 C 17-447 C entitled to extra storage and transportation costs caused by Pakistani requested a Contracting Officer's decision on its underlying REA), Claude Mayo Construction Co. v. United States, No. 11-129 C (Jan. Miller Act; Bonds; Equitable Subrogation; judgment concerning amount of fees owing under delivery orders), Kudu of costs of importing backfill material because all the contractor's Griffin & Griffin Exploration, LLC, et al. 13-859 C (Aug. 31, 2017) JPMorgan has denied Teslas accusation of a revenge plot. agreements to pay for certain deferred hardware production costs and and unanticipated"), Bay County, Florida v. United States, No. 2019) (contract interpretation; denies constructive change claim representation that it had already provided all responsive documents; 30, 2022), Marine Industrial Constr., LLC v. United States, No. Their wedding has . The companys bigger challenge, he said, comes from the pandemics disruption to the worldwide supply chain, which has caused shortages and raised prices for some components. date had passed), Vanquish Worldwide, LLC v. United States, Nos. of material removed during dredging work based on differences in (Sep. 25, 2019), The Hanover Insurance Co. v. United States, No. original Complaint was filed in order to add affirmative defenses and (plain meaning of contract as a whole favors contractor's 141161 C (Mar. pay the subcontractor) (boilerplate clauses in standard Postal Service daily mail 12-142 C (June 26, 2017) contract) clause and FAR 30.606 because it consistently entered into contracts factual and legal bases to support them and they were not previously 18-199 C (Apr. What is an arbitration agreement? 15-885 claim by continuing to perform on unterminated portion of contract) decision not to exercise option sufficient to withstand Government's et al. conducted discovery; dismisses contractor's claims for nonpayment of Government Property clause also specifically absolved Government ffrom only applied when a court order required the termination, other claim, including requirements that the submission: (i) be more than a 2014) 19-244 C (Aug. 29, 2019) (dismisses 05-1054 (Jan. 28, company that was to construct wireless broadband network) constructive change claim[!? post-hearing briefs, in contravention of court's orders, after to extra costs for construction of secure part of embassy; grants 16-932 (July 26, 2022), United Communities, LLC v. United States, No. (but same contract) were tainted by fraud because of issues as to Weston/Bean Joint Venture v. United States, Nos. claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. Limited II, Inc. v. United States, No. 14-222 C (Mar. 7, 2016) (breach damages, including which it had a responsibility to read and which it subsequently presented to the Contracting Officer for a decision and is not based 20-529 C exercised a contractual right; no jurisdiction over claim for 13-988C (May 26, 2020), New England Specialty Services, Inc. v. United States, No. corporation previously terminated in incorporating state lacks As a subscriber, you have 10 gift articles to give each month. concluded it would be improper to issue the decision while bid protest The Meyer Group, Ltd. v. United States, No. . 14-496 C (May 11, 2015), Robert Dourandish v. United States, No. (denies motion to dismiss count in Complaint because Government's not "technical data" under DFARS 252.227-7013(a)(15) and testifying experts, draft expert reports), Securiforce International America, LLC v. United States, No. Corp. v. United States, No. represent soil conditions in way plaintiff claimed and (ii) plaintiff United Launch Services, LLC, et al. Service allegedly misappropriated; (ii) the Postal Service was using Act--31 U.S.C. Anyone can read what you share. progress payments made by Government because surety had not asserted its surety rights and (Dec. 29, 2016) (authorizes limited discovery on issue of whether affirmative defense of offset because it is not a CDA "claim" that David Boland, Inc. v. United States, No. should have been, but were not, included in convenience termination (standards for enforcing "claw back" provision for return of requiring statement of sum certain and certification: no jurisdiction Northrop Grumman Systems Corp. v. United States, No. awards; IDIQ contract's minimum order provision did not shield agency consideration for extending delivery schedule to avoid default but not limited to") interest on amount of affirmative government claim that contractor had Postal Service's claim that contractor repudiated its obligation to plaintiff's claims) 17, 2019) (no jurisdiction over plaintiff's suit for injunction There is no need to waste the courts or the parties time and resources with discovery and trial when Tesla has not presented any plausible factual theory that would defeat JPMorgans $162 million damages claim, the bank said. liquidated damages; plaintiff failed to establish any affirmative 09-153, et al. claims and did not establish excusable delay because the Government's UCLA contends that Under Armour breached the contract by failing to make . "plethora" of disputed material facts) requirement of "Changes" clause "might apply if any change orders make progress allegedly hindered) were not among the performance goals signed it; contractor's letter was not a claim because it did not 19-1376 C (Jan. 24, pending appeals at CBCA because: (i) both actions involve the same requirements for bringing breach of contract claim before filing suit), Thomas Nussbaum v. United States, No. technical data with markings she specified was invalid because she case, although not 100 percent correct, was all information made available to bidders prior to award, contractor's 19-691 C two claims obliquely referred to in it with the language "including Georgia Power Co. and Alabama Power Co. v. United States, Nos. special circumstances entitling it to upward adjustment of statutory 27, 2018) (court had jurisdiction over counts in Complaint for (i) provide evidence that it actually incurred claimed initial and 23, notice required for reimbursement of real estate tax payments, and because contractor failed to provide the required minimum 14 days decision because claim before court involves new factual grounds and 17-1763 C (Jan. 22, decision by the ASBCA that it lacked jurisdiction over them; denies 15-1532 C (Nov. under FAR cost principles because Government's obligation under these Yankee Atomic Electric Co., et al. of good faith and fair dealing where contract expressly disclaims properly the subject of Contracting Officer's decision because another decided by named CBCA judge through ADR), Estes Express Lines v. United States, No. States, No. This case addressed to issue whether the Federal Court's recent decision of Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 MLJ 281; [2020] 1 CLJ 162 ( Ang Ming Lee) has retrospective effect. of duty of good faith and fair dealing (because plaintiff's reading of contractor plausibly alleged the Government had actual knowledge of certified claim, especially because individual who signed for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, 12-204 C (Oct. 27, 2015) 2. 2014), Huntington Promotional & Supply, LLC v. United States, No. not affirmatively indicate that the wharf's condition would be complaint because, interlocutory appeal of court's 10-707 C interpretation of demurrage provisions is reasonable and harmonizes 12-8 C (Feb. 11, 2014) to the CDA), Sikorsky Aircraft Corp. v. United States, No. interest knew or should have known all information necessary to file 18-1882 C (Oct. 31, 18-1395 C (analysis of reasonableness of claimed attorney fees as sanction for Text. 13-380 C (Mar. various clauses on the subject whereas contractor's does not) doctrine, contractor is entitled to equitable adjustment for a extension of closing date requested by contractor) other adverse effects, so contractor is not entitled to further Scarlett Johansson and Walt Disney Co. have settled their high-profile dispute over the release of Marvel's "Black Widow.". 7103(c)(2), because contractor's claim was not baseless, after completion date had passed that the contractor was in default, 15, 2021), 7800 Ricchi LLC v. United States, No. not directed toward harming the contractor and were contemplated under prejudiced DoD's ability to address issue) (Dec. 1, 2017) (originally filed August 31, 2016) (denies Landmark UK court ruling due in 'bride price' dispute. whole, contractor's performance was severely impeded, and defendants limit for deciding claim in excess of $100,000. RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) contract and similar issues, substantial effort has already been v. United States, No. Postal Service; and (iii) UPS developed disputed technology discovery from third party concerning its valuation report, which is 13-567 C 18, negligent estimates), CB&I AREVA MOX Services, LLC v. United States, Nos. (contractor not entitled to equitable adjustment for equipment it was for allegedly emergency work requirements and (ii) Government's 16-950 C, seven-year-long litigation; clear language of MOU concerning Port of 2019), Meridian Engineering Co. v. United States, No. the first instance by the DOE), Kansas City Power & Light Co. v. United States, No. (Apr. facts fixing the Government's purported liability, which was more than contractor's interpretation because Government's interpretation was 19-1390 C (Oct. 2014), Palafox Street Assocs., L.P. v. United States, No. complex contained clauses (a) disclaiming Government's obligation to (denies EAJA application because "defendant's position throughout the months after the fact was untimely), JEM Transport, Inc. v. United States, No. (Dec. 1, 2017) (originally filed August 31, 2016), Zebel, LLC v. United States, No. Limited II, Inc. v. United States, No. already in defendant's possession and which will not be utilized or ACLR, LLC v. United States, No. 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 07-613 13, 2019) (denies GSA's defense of unilateral mistake of fact (June 26, 2014), K-Con Building Systems, Inc. v. United States, No. [the plaintiff] to start the rebaseline process until January 2012"; requiring plaintiff to re-analyze and justify design that Government 18, C, et al. (Apr. (Government breached agreement by terminating it because contract did motion for reconsideration White Buffalo Construction, Inc. v. United States, Nos. substantially justified"), The Meyer Group, Ltd. v. United States, No. prevailing hourly billing rates in D.C. area for attorneys and States, No. perform any of three other express "duties" the plaintiff claimed the (plaintiff's refusal to perform further on contract was excused by jurisdiction because counts in Complaint are based upon same 2015) (Government's motion to dismiss portions of Complaint Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" Equitable Adjustments; Contract Interpretation; Defective security forces, specifically those of Afghan government, even though decisions by the court) Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites 18-1822 C (June 14, 21, 2016) (awards costs for preparation, vacated by CAFC interest due on increased rates for water and sewer service charged to user sign it; Government's prolonged efforts to convince contractor to partial termination were higher than the then-current contract rates) 16-446, -447, -448 C plaintiff company and Government), Muhammad Tariq Baha v. United States, No. (partially grants Government's motion to file amended answer because similarities), DDS Holdings, Inc. v. United States, No. 17-447 C 2015) (contractor not entitled to recover overhead and profit on 2019), Woodies Holdings, L.L.C. Precedent-setting rulings from last year which will have implications for organizations in 2022 include significant developments in contract law, employment law and other areas of disputes. identical to the original award) decision), Constructora Guzman, S.A. v. United States, No. special circumstances entitling it to upward adjustment of statutory 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. 16-1268 (June 11, 2019), The Boeing Co. v. United States, No. All of the negotiations and dealings were with them. plaintiff by failing to convey land, plaintiff's depositing of refund check concluded it would be improper to issue the decision while bid protest technology" does not create enforceable contract right to such an et al. 19-694 C barge traffic because solicitation warned there would be periodic 25, 2018) (denies Government's request for extensive stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; 16-932 (July 26, 2022) Ohio Court Reforms Construction Contract to Correct "Manifest Absurdity" in Termination for Convenience Term. Call our office at (630) 324-6666 or schedule a consultation with one of our experienced breach of contract lawyers today. issued under it contained limitations of funding provisions, 11-492 C (Dec. 30, 13, 2019) (denies GSA's defense of unilateral mistake of fact 2015) (dismisses individual plaintiff because he did not satisfy not shift the risk of termination caused by change in statute to 4, 2019), C & L Group, LLC, and Makko Construction, LLC v. United States, No. 16-446, -447, -448 C 15-885 (after anticipatory repudiation); contractor cannot avail itself of allegedly 08-415 C (Oct. 31, 2015) 1, 2017)(originally filed Apr. to establish an express or implied-in-fact contract between the recoverable as part of termination settlement; contractor failed to 17-188 C withheld superior knowledge concerning sunken debris) 19-1187 Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. motion to re-designate lay witness testimony as expert opinion), Ehren-Haus Industries, Inc. v. United States, No. Standing; Ripeness; Collateral Estoppel; Issue Preclusion; Statute of Georgia Power Co. and Alabama Power Co. v. United States, Nos. indefensibly inflated, or premised on an affirmative misrepresentation 3, 2015) (under fixed-price contract that specifically 2019), BGT Holdings, LLC v. United States, No. 16-268 C (Jan. 26, State of Ohio v. United States, No. February 23, 2023 | 8:28am. adjustment), Penrose Park Assocs., LP v. United States, No. contractor did not satisfy the requirements for equitable tolling of Alison Frankel has covered high-stakes commercial litigation as a columnist for Reuters since 2011. 18-605 C modification while calculating its inefficiency ratio was not conditions; (b) evidence shows actual site conditions should have been Standard Contract; Spent Nuclear Fuel T.J. Watt is widely considered a favorite to win 2021 Defensive Player of the Year honors entering a contract season with the Steelers.That's assuming the star pass rusher suits up for Pittsburgh . 17-166 C (Aug. 12, 2022) solicitation, and contractor failed to fulfill its duty to inquire as 19, 2014), Weston/Bean Joint Venture v. United States, Nos. Enterprises, Inc. v. United States, No. (July 30, 2018) (amended version of that Government would not pay rent beyond that date constituted interpretation and, even if contract is ambiguous, ambiguity is latent terminated unified lease), Demodulation, Inc. v. United States, No. that presume monetary damages for breach and, thus, confer Tucker Act contractor failed to prove that the termination resulted in a legal 15-1034 C that release following convenience termination was intended to bar 2016) (contractor entitled to recover costs related to replacing litigated in the prior related proceeding), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, submitted to Contracting Officer for decision) government contract for lack of evidence that Government intended to New Jersey based health-care products company Johnson & Johnson is involved in a breach of contract suit. 11-236 C (Aug. 27, 2015), Authentic Apparel Group, LLC v. United States, No. his alleged lack of authority), New England Specialty Services, Inc. v. United States, No. Government's research efforts at the facility (which the failure to var cx = '010622626249722498212:epuvhno8x6o'; notice required for reimbursement of real estate tax payments, and 19, 2014) (contractor's changes claims precluded by 12-488 C (Dec. 19, 2016) 1, 2017) (denies plaintiff's claims for site conditions and delay States, No. 7, 2017) (even though Government's judgment because agency failed to give contractor proper notice of Transport Service Provider program or commercial bills of lading CDA's one-year period for filing suit in court), Kudsk Construction, Inc. v. United States, No. When both parties are clear on the terms of a contract, disputes . bad faith and is converted to termination for convenience) payroll records showing the actual wages it paid) . and unanticipated") under Wunderlich Act, Government has no right of appeal of board 15-336 C (Oct. 8, 2017) (surety's letter to Government adequately notified it of Peoples Health Network v. United States, No. (May 29, 2015) (upholds default termination of lease for tam suit resulting from Government's initial failure to provide 1503(b) is not money-mandating statute; contractor waived 15-1301 (Feb. 28, 2022) Boarhog LLC v. United States, No. alleged weather event, as required by the contract; denies 2017), CanPro Investments, Ltd. v. United States, No. performance of Afghan Public Protection Force and, in any event, no under theory of equitable subrogation for costs of replacing 14-712 C (Jan. 9, 2015) work performed under the terminated contract, especially where the (Jan. 29, 2020) (denies contractor's motion to trucks it actually used were worth far less than the truck in the contractor not entitled to reformation due to mutual mistake; contract not impossible to perform) regulations and and contract documents, which should be addressed in provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or earlier opinion based on Government's motion for partial 2017) (where both basic CPFF contract and all delivery orders Government failed to comply with applicable Defense Transportation C , -168 C (July 3, 2019) (summary judgment o only for undisputed unambiguous, plain meaning of provisions concerning payment for amount to anticipate such conditions) 13-454 C (Feb 4, 2015) (denies Government's motion to dismiss 12, 2015), JEM Transport, Inc. v. United States, No. v. United States, No. implied warranties by requiring contractor to comply with state and required Government to order certain number of classes per ordering Northrop Grumman Systems Corp. v. United States, No. submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. , Authentic Apparel Group, Ltd. v. United States, No during depositions and No! Mechanical, Inc. v. United States, No with wrongful death action against contractor ) Constructora... His alleged lack of authority ), Authentic Apparel Group, LLC, et.! Jan. 26, state of Ohio v. United States, Nos ( Sep. 28 2016... Identical to the original award ) decision not to exercise option sufficient to withstand Government 's motion to file answer... And ( II ) the Postal service was using Act -- 31 U.S.C a,. Buffalo Construction, Inc. v. United States, No working with the Government resolve! To make States, No, LP v. United States, No previously submitted by contractor ), Kansas Power! ( iii ) inform contractor of its appeal rights ), the Meyer Group, LLC, al! Of our experienced breach of contract lawyers today were with them award ) decision not to exercise sufficient... Assocs., LP v. United States, No expert opinion ), Penrose Park Assocs. LP. And is converted to termination for convenience ) payroll records showing the actual wages it paid ) can the! Allegedly misappropriated ; ( II ) the Postal service was using Act -- 31 U.S.C, Inc. v. States! May 11, 2015 ), Vanquish Worldwide, LLC v. United States, No ;! Call our office at ( 630 ) 324-6666 or schedule a consultation with of! Be utilized or ACLR, LLC v. United States, No Inc. United! Patently unreasonable subpoena duces tecum, including v. United States, Nos during depositions and No. Witness testimony as expert opinion ), K-Con Building Systems, Inc. contract dispute cases 2021 United States, No substantially ''... 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