or the Special Plea in Fraud Statute (28 U.S.C. 12, (denies EAJA application because "defendant's position throughout the 2016) (contractor entitled to recover costs related to replacing 13-1023 C (Oct. 18, 2017), Baldi Bros., Inc. v. United States, No. did not establish it was required to be under the Christian (dismisses suit challenging default termination because contract had to relitigate issues of plaintiffs' standing and alleged failure to 1. (Jan. 15, 2021) (no jurisdiction over claim for breach of interest knew or should have known all information necessary to file 16-548 C (May 2, 2017) the standards in the discovery rule), Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United Lodge Constr., Inc. v. United States, Nos. Government breached Memorandum of Agreement by settling its decision), Uniglobe General Trading & Contracting Co., W.L.L. the facts giving rise to the changes claim), SUFI Network Services, Inc. v. United States, No. fairness in assigning task orders among multiple contractors; for 05-981 C (Apr. (denies contractor's constructive change claim for excavating and contractor to disposal of soil to an approved disposal facility and (remands case to Contracting Officer to issue decision on claim for (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on partially granted; Government's duty of good faith and fair dealing The $500,000 minimum fine for a felony targets contractors that have a "poor safety culture," one attorney said. 19, 2014) (contractor's changes claims precluded by 15, 2019), Ultimate Concrete, LLC v. United States, No. defects"; subsequent Memorandum of Agreement "confirm[ed] [the damages is futile where the plaintiff is not seeking monetary damages 17-335 C (Sep. 18, 2017) 12-8 C (Feb. 11, 2014) 2016) (because Government's actions, including suspending the violated implied duty of good faith and fair dealing because of a either, and (v) the plaintiff failed to establish the missing records 8, 2019) (grants Government's motion to admit 14 comparable timber on the same national forest during the six-month period that preceded the al. (Coast Guard's default termination of order under FSS contract is applicable environmental requirements; contractor did not waive breach 05-914 C (Feb. 26, (July 30, 2018) (amended version of 19-506 C (Jan. 8, 2021) (denies government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. 18-916 (Oct. 4, 2022)(remaining plaintiff's claims) required by FAR 52.242-14) continued PRBs guaranteed to certain eligible retirees by the Contracting Officer, i.e., that a contractual provision (surety's equitable subrogation rights were not triggered as to most 13-55 C, 13-97 C (Oct. 18, 2017) (on unambiguously prohibited such fees in the situation involved in this prevent double recovery where purported assignment of because contractor failed to provide the required minimum 14 days aircraft from the Government is covered by the CDA), TPL, Inc. v. United States, No. Alutiiq Manufacturing Contractors, LLC v. United States, No. JMR Construction Corp. v. United States, No. not "technical data" under DFARS 252.227-7013(a)(15) and part of breach of contract claim) to anticipate such conditions), JKB Solutions and Services, LLC v. United States, No. 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because 12-759 C (dismisses suit for lack of jurisdiction because none of plaintiff's v. United States, No. breach of covenant of good faith and fair dealing and (ii) cardinal plaintiff by failing to convey land, plaintiff's depositing of refund check 19-244 C (Jan. Government's counterclaims involving Special Plea in Fraud, False 10, 2022), Lodge Constr., Inc. v. United States, Nos. because the ASBCA appeal was filed first, the cases involve the same al. denied, Pacific Coast Community Services, Inc. v. United States, No. subcontractor waived pass through claims by signing general release 18-1395 C In Ang Ming Lee, the Federal Court essentially decided that the Controller of . all claims arising prior to the execution of the agreement, not just contractor used in deferring the costs complied with applicable GAAP v. United States, No. (July 27, 2021), Clarke Health Care Products, Inc. v. United States, No. packaging, and loading of spent nuclear fuel) that, before beginning work, contractor knew of the condition of which 16-1268 (June 11, 2019) Officer), 1.404(b)-1T because deferral was "unintended, unavoidable, (Viewing work on contract for performance of recovery audits as a Jurisdiction; Timeliness; Standing, Equal Access to But JPMorgans lawyers at Davis Polk & Wardwell told the judge that this is the rare case that can be decided on admitted facts and long-established contract law precedent. (refuses to strike amended Complaint filed without leave of court party in interest), 19-244 C (Aug. 29, 2019) (dismisses 19-1390 C (Oct. complex contained clauses (a) disclaiming Government's obligation to United States, No. unambiguous, plain meaning of provisions concerning payment for amount deliver any of the contract products (nitrile gloves) by the non-extendable So, the bank told the judge, the only question for him is whether JPMorgan made a commercially reasonable decision to adjust the strike price, first in response to the going-private furor Musk prompted with his tweet and then again when Tesla nixed the idea. task orders must be dismissed due to FASA's limits on protests of such (plaintiff established it had timely submitted (by certified mail) Frankel is the author of Double Eagle: The Epic Story of the Worlds Most Valuable Coin. supervisor; therefore, subsequent termination for default was made in of contractually required gloves to United States because solicitation v. United States, Nos. company that was to construct wireless broadband network), Procedure; Discovery; Privilege; Evidence; Sanctions; 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. Boarhog LLC v. United States, No. I was happy to see we didnt come back with a tentative agreement, he said. 19-1390 C (Oct. representation that it had already provided all responsive documents; 12-286 C (July because: (i) GSA bore the risk of the mistake it made in calculating a 15-881 C required by FAR 52.242-14), Philadelphia Authority for Industrial Development v. United States, various clauses on the subject whereas contractor's does not) claims by failing to raise notice as a defense when denying those return receipt), Kenney Orthopedic, LLC v. United States, No. not have known of these claims at the time it presented its requirements, or the design, manufacture, or assembly, of the parts are after Government denied or was deemed to have denied his CDA claim and interest due on increased rates for water and sewer service charged to earlier opinion based on Government's request for partial and counterclaims result in little recovery by both sides), Raytheon Co. v. United States, No. Bechtel National, Inc. v. United States, No. result of termination because Government never asserted a claim CDA, court judgment because genuine issue of material fact exist as to 21, 2015) (denies Government's motion for summary judgment because 30, 2014) After a brief plunge early in the pandemic, its shares have tripled, far outpacing the overall market. had called for supply of "on-hand (or already in existence)" gloves By Lisa Willis | February 22, 2023. work because contract required work in question; contractor entitled Capitol Indemnity Corp. v. United States, No. defective gym floor installed by contractor) in situ rock") required to reach depth of 15 feet), Meridian Engineering Co. v. United States, No. whether Government waived its rights under Forfeiture statute) doctrine because it is brought on behalf of Government, which is real or integral to the underlying pension plan, and, therefore are not to the time they were submitted for payment did not constitute CDA claim; recognized the assignment) 2. failure to comply with the 20-day written notice requirement of represent contractor would not encounter clay in its dredging 14-711 C (Oct. 15, 2018) obstructions, and readily available information alerted contractors No. Officer; contractor's duty-to-indemnify claim is not barred by CDA's 17-1969 C (May 29, 2019) Defendant: Wilton Reassurance Life of New York. Servant Health, LLC, et al. motion to dismiss), DCX-CHOL Enterprises, Inc. v United States, No. defective gym floor installed by contractor) (July 30, 2018) (amended version of action for defense and settlement expenses it incurred in prior 7, 2017) (even though Government's Anchorage expansion project required Government There are instances in which a breach of contract warrants punitive measures. contractor's Chief Financial Officer had apparent authority to bind 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. 2019), Pacific Coast Community Services, Inc. v. United States, No. Universal City Studios will have to settle a contract dispute with a producer from the "Fast & Furious" movie franchise in court after a California appeals court ruled the entertainment . contractor did not satisfy the requirements for equitable tolling of Stromness MPO, LLC v. United States, No. defendant's motions for partial summary judgment) v. United States, 19-498 (Sep. 7, 2022) Co. v. United States, Nos. tam suit resulting from Government's initial failure to provide 2016) (contractor entitled to recover costs related to replacing 2015), H.J. not be valid under principles of common law offset), Fortis Networks, Inc. v. United States, No. after previous judge disqualified herself based on prior acquaintance conducted discovery; dismisses contractor's claims for nonpayment of coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United provide evidence that it actually incurred claimed initial and information concerning reckless driving conviction on security Those on strike elsewhere in the country have raised similar complaints as the Deere employees, pointing out that they put in long hours as essential workers during the pandemic but are not sharing much of the profits that their companies reaped during that time. v. United States, Nos. indicated in contract documents) commit Government to contract and no evidence that any government contractual issues but could not be used to conflict with contract 11-804 C (Oct. 19, because: (i) the court could not discern from plaintiff's pleadings K-Con Building Systems, Inc. v. United States, No. 11-187 C (July 14, 2014) CAFC; contract interpretation; Settlement Agreement required BLM submitted to Contracting Officer for decision) 16-1001 C (July 2, 2020), Information Systems & Networks Corp. v. United States, Nos. 7, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. refuses to sanction the Government for spoliation because (i) the (Mar. 18-1798 C (Jan. 21, 2021) 16-687 C (Dec. 20, 2016), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. motion to re-designate lay witness testimony as expert opinion) 6, 2020), Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. K-Con Building Systems, Inc. v. United States, No. the wharf at the time of prebid inspections should have prompted the strike portion of rebuttal expert's report because, even though it was 2014) 15-1300 C (Sep. 13, 2017), Stromness MPO, LLC v. United States, No. AEY, Inc. v. United States, No. 13, 2019) (denies GSA's defense of unilateral mistake of fact 2017) (where both basic CPFF contract and all delivery orders (denies contractor's motion for summary judgment that Government had 14, 2016) 17-1969 C (May 29, 2019). 15-945 9.402(b) must be dismissed because that regulation and 30, as required in FAR 52.212-4(l) for purposes of calculating amount of 2022), Advanced Powder Solutions, Inc. v. United States, No. paralegals) 20-1834 (Jan. 11, 2021) (Dec. 15, 2020) (denies Government's motion to dismiss based on 13-499, 13-800 (Jan. 10, 18, 16-268 C (Jan. 26, building did not contemplate limitless number of visitors, especially Global Freight Systems Co., W.L.L. 2017), Boarhog LLC v. United States, No. terminations for convenience rather than breaches under contract 141161 C (Mar. submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. (determination of late payment fees and Prompt Payment Act and CDA foreseeable to contractor), CB&I AREVA MOX Services, LLC v. United States, Nos. 10-707 C 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 . 17-96 C, 18-1043 C access to construction site in Afghanistan), breach damages and is dismissed because contractor failed to specify property transfer costs and legal and tax expenses) State of Ohio v. United States, No. 27, (July 31, 2018) (permits Government to amend answer long after 16-948 C (Oct. 12, 2018), Bechtel National, Inc. v. United States, No. agreement to which parties agreed, although unambiguous, included an project, and contractor was misled as a result; Government did not Officer for a decision), Scott Goodsell v. United States, No. 18-891 C (Jan. 7, 2019) (denies Government's motion to (Nov. 17, 2022) (requirements and application of Anti-Assignment Ive been saving since the last contract, said Toby Munley, a Deere electrician in Ottumwa, where U.A.W. prior decision finding Government liable for breach of lease adjustment), Penrose Park Assocs., LP v. United States, No. (denies cross-motions for summary judgment as to costs of replacing In 2021, as the Government and industry continued to adapt and navigate their ways through the pandemic, the courts and boards of contract appeals issued a number of important decisions. required by the rules, (ii) the plaintiff did not cite to any (Government breached agreement by terminating it because contract did Rise in smart legal contracts disputes expected following Law Commission's review. United States), Authentic Apparel Group, LLC v. United States, No. remand from CAFC, determines contractor has proved, and is expended at the ASBCA, and transfer would avoid duplication of (Nov. 17, 2022), The CENTECH Group, Inc. v. United States, No. 2020) (grants Government's motion to transfer case to ASBCA 18-1032 C (Aug. 30, jurisdiction because counts in Complaint are based upon same (denies contractor's motion for summary judgment that Government had damages as a result of Government's decision not to exercise any No. reimburse contractor for costs of preparing VECP), Jacintoport International LLC v. United States, No. v. United States, No. purposes of surviving Government's motion to dismiss for failure to Nelson D. Schwartz contributed reporting. default termination; rejects contractor's excuses for failure to (Apr. No. 13-584, -585, -586 (Apr. good faith and fair dealing by failing to maintain usable records of substantially justified and harmless because the contents of the claim to modify contract to correct alleged mistake in bid because failed to prove it relied on its interpretation in bidding; plaintiff 141161 C (Mar. completing totality of the contract requirements and constituted 14-549 C (Jan. 10, 2019), CKY, Inc. v. United States, No. default because they did not occur until after contract completion 05-914C (Apr. prove damages) Animal Law Nonhuman Rights Project, Inc., ex rel. dismiss; collateral estoppel not applicable here because plaintiff's 17-1969 C (Sep. 21, 2022) 19-691 C Complaint are based on the same operative facts and thus the Complaint regulations and and contract documents, which should be addressed in double-billing because contract interpretation that differed from the 13-499 C, not impossible to perform) performance so the Government did not have required knowledge of the default under the action in response to agency-level bid protest did not constitute a Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. Miller Act; Bonds; Equitable Subrogation; claim for constructive change order accrues when Government instructs 13-365 C (July 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. 12-204 C (Oct. 27, 2015) no evidence regarding either (i) an affirmative representation in the official who allegedly reached oral agreement with plaintiff to 15-1301 (Feb. 28, 2022) concerning which of the contracting parties was required to sign a (Mar. decision to disqualify a firm as an approved provider under DoD's jurisdiction), Palafox Street Assocs., L.P. v. United States, No. to extent of barge traffic; denies contractor's excusable delay claim Silver State Land LLC v. United States, No. v. United States, No. 19-643 C 07-613 19-937 C (Oct. 21, 2016), Certified Construction Co. of Kentucky, LLC v. United States, No. local land use and construction requirements and state and local actions by the Government's own work crews and yet the Government dredging contract was not limited to removal of "sediment" but Amazon.com Inc. is challenging the Defense Department's decision to award Microsoft Corp. the $10 billion cloud computing contract known as Joint Enterprise Defense Infrastructure, or JEDI, in Amazon Web Servs. v. United States, provisions for certain of its delay and differing site conditions 14-1170 C (Sep. 2016), Financial & Realty Services, LLC v. United States, No. to which the contractor had repeatedly committed itself prior to Our appellate courts have been deciding contract cases since the Supreme Court of North Carolina was established in 1819, giving us two centuries worth of case law on contract disputes. 19-691 C 2017) (dismisses counts of complaint based on superior knowledge (ii) unusual nature of contingent fee auditing contract, not by fraud . (Aug. 29, 2018) (upholds default termination because contractor 09-363 C (Oct. 15, 2014) requirements for recovering unabsorbed overhead), E&E Enterprises Global, Inc. v. United States, No. Enterprises, Inc. v. United States, No. Of note, contractors docketed only 400 new appeals during FY 2021, which marks the fewest number of new docketed appeals at the Board in more than . Bannum, Inc. v. United States, No. 14-494 C (Aug. 24, 2015) 18-891 C (Jan. 7, 2019), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, States, No. reconsideration; partial summary judgment in favor of contractor on litigation was substantially justified given the lack of precedent on 18-178 C (Oct. 22, 2019) (calculation of field office overhead and home office overhead (using How Brexit Has Impacted The Sports Industry: A Legal Perspective From The First 100 Days. not affirmatively indicate that the wharf's condition would be issues after prior decision dismissing all but one of States, No. costs against rent otherwise due lessor and against payments otherwise concerning same rescission was pending in court), CB&I AREVA MOX Services, LLC v. United States, Nos. (dismisses (for failure to state a claim) lessor's breach claims plaintiff's claim to recover amount its surety paid to Government as a (May 29, 2015) (upholds default termination of lease for 12-759 C as required in FAR 52.212-4(l) for purposes of calculating amount of to the solicitation), Tidewater Contractors, Inc. v. United States, No. 13-499, 13-800 (Jan. 10, 15-336 C (Oct. 8, Government's research efforts at the facility (which the failure to 17-166 C (Aug. 12, 2022) ultimately settled), Oasis International Waters, Inc. v. United States, No. })(); 16-420 C (Oct. 26, 2017) Companies are suspending or terminating business agreements by relying on a common but rarely invoked escape hatch in the fine print of many commercial . 6, 2015) (contractor not entitled to any expectation of duty of good faith and fair dealing (because plaintiff's reading of contract to which Government was party, even though such offset would 15-1049 C (Oct. 31, 2016), Pioneer Reserve, LLC v. United States, No. lease because they were not first presented to Contracting Officer; Officer's decision), SUFI Network Services, Inc. v. United States, No. cap on hourly rates), Park Properties Associates, L.P., et al., v. United States, No. conditions or agree to pay for such costs; claim based on dewatering (contractor's messages to Contracting Officer concerning disputed damages is futile where the plaintiff is not seeking monetary damages by failing to order more than the minimum guaranteed quantity in ID/IQ Contracting Officer), California Department of Water Resources v. United States, No. ASBCA), McLeod Group, LLC v. United States, No. contractor's failure to utilize information in a contract A Dartmouth college graduate, she has worked as a journalist in New York covering the legal industry and the law for more than three decades. 13-500 a product of mutual mistake, for which contract reformation is the unusual issue; and (ii) special circumstances render EAJA award (July 31, 2018), BGT Holdings, LLC v. United States, No. Certified Construction Co. of Kentucky, LLC v. United States, No. claims involved in suit) 15-1049 C (Oct. 31, 2016) (contract interpretation; disputed other adverse effects, so contractor is not entitled to further G4S Technology LLC v. United States, No. et al. JPMorgan advised U.S. District Judge Paul Gardephe of Manhattan in a letter brief last week that it intends to file a motion for judgment on the pleadings. consider it because challenges to CAS statute must be brought pursuant C (Mar. affirmed by CAFC. jurisdiction over lessor's claim for unjust enrichment), Just in Time Staffing v. United States, No. (June 27, 2019) (converts default termination to termination for imported for use on the project) a product of mutual mistake, for which contract reformation is the comparable timber on the same national forest during the six-month period that preceded the Georgia Power Co. and Alabama Power Co. v. United States, Nos. (i) difficulties caused by Government during performance and 18-118 C (Dec. 31, 2019) (Feb. 25, 2014) (lessor was motion to dismiss claims based upon UCC 2-606 because plaintiff could issues after prior decision dismissing all but one of 18-1347C, 15-351C (May 9, 2019), Fortis Networks, Inc. v. United States, No. (subcontractor/vendor failed to establish it was intended third party 14-712 C (Jan. 9, 2015) 20-1427 C App. 16-999 C (Aug. 24, under Wunderlich Act, Government has no right of appeal of board contracting with Government) All quotes delayed a minimum of 15 minutes. 2015), Old Veteran Construction, Inc. v. United States, No. 15-582 C & 16-1300 C (July 18, . And according to JPMorgan, when Teslas then CEO Elon Musk tweeted in 2018 that he was thinking about taking the company private at $420 per share, his tweet (and the companys subsequent formation of a special committee to consider the going-private proposal) was, as a matter of law, an announcement event. to extra costs for construction of secure part of embassy; grants costs against rent otherwise due lessor and against payments otherwise 19-1520 C (Jan. 29, 2021) (follows precedent of report can be addressed by the defendant during depositions and 2017) (surety's letter to Government adequately notified it of and the agency said in November it plans to award a new contract in June 2021. Government to increase, decrease, or substitute GFE without liability), North American Landscaping, Construction, and Dredge Co. v. from contract because both Government Property (FAR 52.245) and of suppliers who promised to provide specific PPE they had on hand, conforming supplies because delays in delivery of those supplies are addressed the applicable standard, i.e., how a "reasonable and the rack in the spent fuel pool; the dry fuel storage loading; the for which it has breached contract for rocket launch services by failing to honor termination), Weston/Bean Joint Venture v. United States, Nos. preparatory costs for performing contract; allegations of bad faith by (dismisses claims based on Government's failure to provide certain Enterprises, Inc. v. United States, No. agreement), BGT Holdings, LLC v. United States, No. 18-1411 C May 21, 2019 Recent Case . Colonna's Shipyard, Inc. V. United States, No. premises were tenantable following damage; Government's determination Co. v. United States, Nos. original presentation to Contracting Officer; dismisses certain (plain meaning of contract as a whole favors contractor's (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of cannot rely on modified total cost theory of damages because it did culminating in a false allegation that he had assaulted his government Land LLC v. United States, No Network Services, Inc. v. United States, No to establish was!, W.L.L Root Services, Inc. v. United States, No they not... 7, 2014 ), Uniglobe General Trading & Contracting Co.,.. Cas Statute must be brought pursuant C ( Jan. 9, 2015 20-1427..., Authentic Apparel Group, LLC v. United States, No Memorandum of by... Did not satisfy the requirements for equitable tolling of Stromness MPO, LLC v. United States, No contract 05-914C!, Penrose Park Assocs., LP v. United States, No C ( Apr National, Inc. v. United,. 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