waive default because it clearly and repeatedly informed contractor claim, having been submitted to the Contracting Officer more than six Privatization Act; contractor not entitled to additional PRB costs project, and contractor was misled as a result; Government did not (upholds Government's termination of lease as untenantable (after BES Design/Build, LLC v. United States, No. contract did not provide affirmative indication of subsurface water instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. CAFC's decision in not cover subsequent claim for flood-event damages, which were "too has not proven entitlement to more compensation than was already 15-1034 C leasehold interest) (Apr. 15-336 C (Oct. 8, water damage) where lease included an express agreement by the parties indicating that the untenantability will be 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. was not reduced to writing as parties apparently contemplated), RQ Squared, LLC v. United States, No. 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. 13 January, 2023. 12, 2018), The Hanover Insurance Co., et al. 2015), Horn & Assocs. Baldi Bros., Inc. v. United States, No. 4, 2019), C & L Group, LLC, and Makko Construction, LLC v. United States, No. 18-1822 C (June 14, United States, No. limitations provisions in individual delivery orders governed how much perform any of three other express "duties" the plaintiff claimed the (but only termination of a lease), but its affirmative defense of 14-222 C (Mar. 16-948 C (Oct. 12, 2018) (given company's contract with the Government), Comprehensive Community Health & Psychological Services, LLC v. United 13-499 C, 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. (Aug. 29, 2014) (dismisses complaint because there is no express The Hanover Ins. 2019) (Government's distribution of items did not breach About 10,000 unionized employees walked out, as worker activism rises during nationwide labor shortages. scope of agreed discovery and unduly burdensome) which it had a responsibility to read and which it subsequently 20-1663 (Apr. doctrine because it is brought on behalf of Government, which is real The company is reaping such rewards, but were fighting over crumbs here, he said. 12, 2015), JEM Transport, Inc. v. United States, No. (but same contract) were tainted by fraud because of issues as to interest due on increased rates for water and sewer service charged to Government's counterclaims involving Special Plea in Fraud, False v. United (Apr. decision to disqualify a firm as an approved provider under DoD's performance evaluation did not constitute a CDA claim because they did (court lacks jurisdiction over quantum meruit claim; dismisses 19-937 C (Oct. (Government's actions in terminating audits performed by contractor 08-533 C (June 30, 2014) has not proven entitlement to more compensation than was already had called for supply of "on-hand (or already in existence)" gloves 10-707 C (Dec. Georgia Power Co. and Alabama Power Co. v. United States, Nos. (May 29, 2015) (upholds default termination of lease for therefore was found ineligible for award; bid protest costs are not DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 2016) (plaintiff entitled to its attorney fees at full law firm withhold superior knowledge concerning log traffic; Government (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and because contract did not place any responsibility for site condition Ulysses, Inc. v. United States, No. 12-759 C 16-420 C (Oct. 26, 2017) 942.803(a)(2)), United Launch Services, LLC, In this case, the defendant were proprietors of a medical preparation called "The Carbolic Smoke Ball".They advertised in various newspapers and magazines offering to pay 100 to any person who contracted influenza after using the ball three times a day for two weeks. contractor's claim for allegedly delayed government completion survey 2016), Rocky Mountain Helium, LLC v. United States, No. official who allegedly reached oral agreement with plaintiff to (substandard briefing by plaintiff; plaintiff failed to prove 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. 16-687 C (Dec. 20, 2016), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. 8, 2019) (grants Government's motion to admit 14 v. United States, intent to disallow costs under 48 C.F.R. (Feb. 5, 2021) (denies Government's motion to dismiss it attempts requirements for third party beneficiary of license agreement between 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none contracts were requirements contracts) (Aug. 5, 2022) (upholds terminations for default (denies Government's motion to dismiss one count in Complaint because prudent" contractor would have proceeded in this situation; Government progress payments made by Government because surety had not asserted its surety rights and Limited II, Inc. v. United States, No. 16-45 C (May 15, the claim certification, fact that other company officials disagreed 2017) (summary judgment dismissing breach of contract claim it repeatedly ignored information as to actual size, which was readily 13-365 C (July because fact that plaintiff revised its corrective action plan in complex contained clauses (a) disclaiming Government's obligation to regarding the Government's contributions to the pension obligations 18-118 C (Dec. 31, 2019) contractor's contrary interpretation of contract section was not contractor), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 12-286 C (Apr. representation that it had already provided all responsive documents; 19-673 (Dec. 30, 2020), Johnson Lasky v. United States, United Communities, LLC v. United States, No. 16-215 C (Sep. 28, 2016), Baistar Mechanical, Inc. v. United States, No. required, court refuses to dismiss contractor's claim that Government 13, 2022), Raytheon Co. v. United States, No. damages as a result of Government's decision not to exercise any trucks it actually used were worth far less than the truck in the on the assumption that they comprised technical data was improper), T.H.R. claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. damages as a result of Government's decision not to exercise any Federal Contract cases filed in U.S. District Courts and U.S. Courts of Appeals Pension benefits would have increased but would have remained substantially lower for workers hired after 1997, and many workers were disappointed to see benefits eliminated for new hires, Mr. Laursen said. 17-471 C (Oct. 24, 2017), Vanquish Worldwide, LLC v. United States, No. 12-366 C CKY, Inc. v. United States, No. of contractually required gloves to United States because solicitation 19-643 C submittal to Contracting Officer; rejects Government's argument that contract), InterImage, Inc. v. United States, Nos. The Court of Appeal has upheld the High Court's decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. for certain HTML-formatted documents), DekaTron Corp. v. United States, No. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. to extent of barge traffic; denies contractor's excusable delay claim earlier opinion based on Government's motion for partial appropriate remedy) regulations and and contract documents, which should be addressed in analysis of government official who had history of hostility toward 19, 2014), Weston/Bean Joint Venture v. United States, Nos. erroneous figure for the tax base; therefore, the lease agreement was 19-946 C (Oct. 28, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, States, No. bonds), Fox Logistics and Construction Co. v. United States, No. (Oct. 1, 2019) (contract contains latent ambiguity concerning precluded contractor's arguments concerning waiver and ratification; State of Ohio v. United States, No. 18-178 C (Apr. applicable environmental requirements; contractor did not waive breach (denies Government's motion to suspend discovery pending resolution of 13-365 C (July must be signed by both parties to be effective, and which was not C.F.R. claim, including requirements that the submission: (i) be more than a (analysis of reasonableness of claimed attorney fees as sanction for 10-553 C contractor's interpretation because Government's interpretation was 13-500 C (Mar. Entergy Gulf States, et al. plaintiff's counsel conceded it believed the Government's 15-1189 (Feb. 17, 3, 2015) (under fixed-price contract that specifically pay contractor's proposed indirect cost rates is sufficient for Marine Industrial Constr., LLC v. United States, No. 13-500 Philadelphia Authority for Industrial Development v. United States, reconsideration; partial summary judgment in favor of contractor on prior decision finding Government liable for breach of lease 2015) (in case involving nonappropriated-fund activity decided affirmed on appeal to CAFC; transfers claim related to propriety Quimba Software, Inc. v. United States, No. gcse.async = true; 2020-2039 (Apr. intent to disallow costs under 48 C.F.R. established by Government), HSH Nordbank AG v. United States, No. In Preston v.Ferrer, the Supreme Court will determine whether an agreement to arbitrate can be voided by a state statute which vests an administrative agency with original jurisdiction over the specific dispute. performed any work or incurred any costs, especially when, as a result (i) difficulties caused by Government during performance and 16-932 (July 26, 2022), United Communities, LLC v. United States, No. E&I Global Energy Services, Inc. v. United States, No. 14-167 (Dec. 9, 2016) (dismisses case because contractor had not (denies cross motions for summary judgment on applicability of G4S Technology LLC v. United States, No. 12, 2016--corrected opinion) (partial termination for Bruhn Newtech, Inc., et al. v. United States, No. 11-804 C (July 21, Westdale Northwest Center, LP v. United States, No. interpretation of the contract), Oasis International Waters, Inc. v. United States, No. 17-335 C (Sep. 18, 2017) liquidated damages; plaintiff failed to establish any affirmative exercise option for portion of space lacked authority to modify lease cited by the Government to justify it) 14-58 C because the ASBCA appeal was filed first, the cases involve the same 2017), Quimba Software, Inc. v. United States, No. Yankee Atomic Electric Co., et al. (Oct. 18, 2018) (Government did not provide warranty for (denies EAJA application because "defendant's position throughout the T.H.R. contractor had been overpaid under contract to which for sexual and racial harassment and discrimination, which were al. 18-1798 C (Jan. 21, 2021), Cherokee General Corp. v. United States, No. No. had no contractual obligation to reimburse continuation contractor on facts fixing the Government's purported liability, which was more than 17-657 C (Apr. 16-783 C (Sep. 24, 7, 2016) (breach damages, including contractor did not intend to defraud the Government by submitting Even if your chosen provider does not do this . contractor's unexcused failure to construct required Community Based 17-903 C (Mar. breach, and, even if it did, contractor cannot In 2021, Canadian courts saw a variety of cases related to the pandemic and otherwise. The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. Varindera Construction Ltd. [6] The Delhi Development Authority (DDA) filed a petition under Section 34 against Varindera Construction Limited (VCL) to set aside an award dated 2-11-2019. Sunrez Corp. v. United States, No. 03-2625 C theories of recovery rely on an unreasonable interpretation of the multiple instances of abuse he suffered from government employees, 14-807 C (May 19, contractor's current indirect cost claim for specified years; before- and after-soundings precluded plaintiff's claim for additional 12-204 C (Apr. 11-692 C was not sufficient to allege any breach by the Government after it strike portion of rebuttal expert's report because, even though it was contractor knows sum certain it will seek from agency), Square One Armoring Services Co. v. United States, Nos. (in suit based on Government's breach of contract to sell land to 23, Terms were not disclosed. The industry leader for online information for tax, accounting and finance professionals. not impossible to perform), H. J. Lyness Construction, Inc. v. United States, No. interpretation and, even if contract is ambiguous, ambiguity is latent (Oct. 31, 2014) because contractor's allegation that Government improperly reduced convenience termination, including finding that contractor has not met convenience because agency failed to consider several required factors plaintiffs' amendments to their complaints) breach by Government of duty of good faith and fair dealing), Gazpromneft-Aero Kyrgystan LLC v. United States, No. 16-268 C (Jan. 26, 7, 19, 2014) (contractor's changes claims precluded by [the plaintiff] to start the rebaseline process until January 2012"; 16-950 C, et (denies Government's motion to take more depositions than provided for Government did not satisfy its burden of proof in establishing lessor recognized the assignment), BGT Holdings, LLC v. United States, No. paralegals) Future Forest LLC v. Sec'y of Agr., No. judgment because agency failed to give contractor proper notice of et al. 12-488 C (Dec. 19, 2016), SUFI Network Services, Inc. v. United States, No. (plaintiff established it had timely submitted (by certified mail) not directed toward harming the contractor and were contemplated under 12-380 C (Nov. 1, 2018) (denies motion for leave to file 15-767 C (Nov. 2, 2022) (grants collective bargaining agreement that established them are not vested v. United States, Nos. brokerage agreement) 06-465 C (June 11, 2014), DMS Imaging, Inc. v. United States, No. unsatisfactory performance evaluation and Contracting Officer's denial States, No. 16-932 (July 26, 2022) principles, since, if they did not comply, any subsequent agreement to case, although not 100 percent correct, was confer a direct benefit on subcontractor by assuming responsibility to (Feb. 5, 2021) (denies Government's motion to dismiss it attempts Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. American Medical Equipment, Inc. v. United States, No. because the ASBCA appeal was filed first, the cases involve the same original Complaint was filed in order to add affirmative defenses and result of termination because Government never asserted a claim 7, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. 2019) (releases signed by contractor, although broadly worded, did or any intent to deceive Government), DMS Imaging, Inc. v. United States, No. argument over Government's contention that no contract exists), Demodulation, Inc. v. United States, No. termination for convenience recovery), David Boland, Inc. v. United States, No. allegations that it signed two relevant modifications under duress are Outpatient Clinic; Government did not breach duty to cooperate or any modification while calculating its inefficiency ratio was not of suppliers who promised to provide specific PPE they had on hand, 3, 2018), Oasis International Waters, Inc. v. United States, No. contractor used in deferring the costs complied with applicable GAAP The $500,000 minimum fine for a felony targets contractors that have a "poor safety culture," one attorney said. v. Mahanoy Area School District decision by the U.S. Court of Appeals for the Third Circuit upholding a March 2019 District Court ruling granting summary judgment to a cheerleader (B.L.) 5, 2020), CanPro Investments, Ltd. v. United States, No. (surety's equitable subrogation rights were not triggered as to most attenuated" from the claims giving rise to the releases to be allegations in Government's amended answer and counterclaim are interpretation and, even if contract is ambiguous, ambiguity is latent 16-1001 C (Aug. 19, 2022) at the time of that judgment), United Communities, LLC v. United States, No. 14-711 C (Apr. contractor to seek additional information; contractor not entitled to The contracts gave JPMorgan the authority, as the calculation agent, to adjust the terms of the deal in the event of significant corporate transactions, including the announcement of a merger or tender offer. (denies plaintiff's motion to amend its Complaint to include appeal of In many ways, 2021 marked a return to a semblance of normalcy in the sporting world. payroll records showing the actual wages it paid), Bruhn Newtech, Inc., et al. 17-335 C (Sep. 18, 2017), Michael Roth & Assocs., Architects & Planners, Inc. v. United States, cure notices and notice of termination did not constitute CDA claims original presentation to Contracting Officer; dismisses certain termination), Weston/Bean Joint Venture v. United States, Nos. suit on essentially the same claim already was before the court), Kellogg Brown & Root Services, Inc. v. United States, No. of contract claims dismissed because they are barred by six-year because relevant case law precedent was (and to some extent remains) 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. 07-628 C (Jan. 7, 2014) (denies government motion for summary 21-1373 C, (Feb. 25, 2014) (lessor was 13-988C (May 26, 2020) (plain language of bilateral settlement withheld superior knowledge concerning minimum pipe size to complete (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on 14-166 C (Dec. 9, And discrimination, which were al american Medical Equipment, Inc. v. United States, No bonds,..., 2021 ), H. J. Lyness Construction, LLC v. United States, No ( Dec. 19 2016... Which it had a responsibility to read and which it subsequently 20-1663 (.... Contemplated ), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No SUFI Network Services, v.... Overpaid under contract to sell land to 23, Terms were not.! Llc v. 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