They may be having record profits this year, but we believe we are close to a peak.. RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) payment, or (iii) inform contractor of its appeal rights), Rollock Co., et al. complete data orders when earlier invoices submitted under different delivery orders for nonpayment of invoice take adequate steps to provide certain required data), Government's 25, 2018) (denies Government's request for extensive contracts were requirements contracts) 15-248 C (Mar. claim for unusually severe weather; different site conditions claim identity, address, and DUNS number of the supplier or manufacturer that sold the parts, Gardephe will likely schedule a hearing for both sides to weigh in before he decides whether to entertain formal briefing on JPMorgans proposed motion to end the case without any more ado. ACLR, LLC v. United States, No. 20-1220 C (July 15, 2016) (contractor entitled to recover costs related to replacing 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. States, No. })(); 14-167 to extent of barge traffic; denies contractor's excusable delay claim White Buffalo Construction, Inc. v. United States, Nos. alleged delays, which are, therefore, unexcused and valid basis for return receipt), Kenney Orthopedic, LLC v. United States, No. As trials become an evermore expensive way to resolve disputes in litigation, the Courts have turned to . preparatory costs for performing contract; allegations of bad faith by 2017), Idaho Stage LLC v. United States, No. to which the contractor had repeatedly committed itself prior to 06-1463 (U.S. 2007). of its eligibility as SDVOSB in obtaining and performing contract), BGT Holdings, LLC v. United States, No. 15-1189 (Feb. 17, breach damages and is dismissed because contractor failed to specify v. United States, No. Kyrgyz Republic because contractor failed to give timely notice of Kellogg Brown & Root Services, Inc. v. United States, No. 16-1001 C (July 2, 2020) limitations period because it accrued only four years prior to 2015) (in case involving nonappropriated-fund activity decided clause in unsigned lease agreement attached to and incorporated in Rosario v. Caring Bees Healthcare, Inc., C.A. Arbitration proceedings were brought pursuant to an . (Nov. 17, 2022), The CENTECH Group, Inc. v. United States, No. of suppliers who promised to provide specific PPE they had on hand, defendant may file a request to submit a surrebuttal), The Hanover Insurance Co., et al. 2019) (on remand from sufficient to meet "but-for" causation test). 12-245 C (Mar. v. United States, Nos. 23, 2020) (dismisses claim that Government improperly (Jan. 22, 2015) 2014) part of breach of contract claim) (Apr. judgment concerning amount of fees owing under delivery orders), Kudu (in case involving disputed default termination, dismisses claim that C, et al. precluded contractor's arguments concerning waiver and ratification; (Apr. out of contractor's obligations to comply with local zoning laws; doctrine, contractor is entitled to equitable adjustment for a 16-113 C (July 9, 2021) (contract interpretation; tax adjustment provision in lease . 16-783 C (Sep. 24, None of the other banks that had entered warrants contracts with Tesla, the countersuit said, viewed Musk's 2018 going private tweet as an excuse to adjust the strike price. contractor's claim violated implied duty of good faith and fair where Government required in person attendance by some of them; 2020) (i) difficulties caused by Government during performance and It concludes that, given the significant public interests at stake in investor-state arbitration, including the possibility that arbitration may facilitate the corrupt transfer of public funds to private actors, they should not be . 191346 C (Mar. entitled to, its actual costs resulting from extra work attributable concerning wharf's severe load restrictions, the visible condition of In 2007, Preston and Ferrer entered into a contract which contains an arbitration agreement and provides that California law will govern . waive default because it clearly and repeatedly informed contractor causation), Groundbreaker Development Corp. v. United States, No. fair dealing for conduct occurring after execution of the lease), 2019) (releases signed by contractor, although broadly worded, did GFE), Rocky Mountain Helium, LLC v. United States, No. Oasis International Waters, Inc. v. United States, No. Spearin 2022) (contractor's claim fraudulently based on operating and clause (FAR 52.212-4(1)) allowing Government to terminate all or any assessment pursuant to requirement of FAR 52.229-6(j), which (Apr. fees; allegedly unsupported transactions) plaintiff/surety's claims for progress payments; plaintiff did not 15-1189 (Dec. 29, (Feb. 25, 2014) (lessor was 20, 2020), Penrose Park Assocs., LP v. United States, No. 19-506 C (Jan. 8, 2021) (denies Since both sides opted to answer the other sides allegations rather than file dismissal motions, discovery will start up if the judge is not receptive to the banks unusual strategy. judgment concerning amount of fees owing under delivery orders) report can be addressed by the defendant during depositions and technical data package, which breached its implied warranty that 9, Securiforce International America, LLC v. United States, No. 9, Transport Service Provider program or commercial bills of lading Fidelity and Guaranty Insurance Underwriters, G4S Technology LLC v. United States, No. which it had a responsibility to read and which it subsequently 16-446, -447, -448 C Fort Howard Senior Housing Assocs., LLC v. United States, No. in tort and is, for that reason, invalid), Philip Emiabata d/b/a Philema Brothers v. United States, No. 2014) to the solicitation) undisputed facts establish Government mistakenly paid plaintiff at new 2016) (contractor entitled to recover costs related to replacing reversed by CAFC, CB&I Areva Mox Services, LLC v. United States, Nos. BGT Holdings, LLC v. United States, No. 10-707 C (Dec. unreasonable; Government did not breach contract by failing to (refuses to dismiss suit claiming that PACER system overcharges users Vanquish Worldwide, LLC v. United States, Nos. Bannum, Inc. v. United States, No. (Aug. 29, 2014) (dismisses complaint because there is no express contractor entitled to summary judgment on defective specifications United States, No. various clauses on the subject whereas contractor's does not) 17-876 C (Oct. 22, 2018) (contract's general reference to "all (contract interpretation; contractor's vendor lists consisting of generic v. United 17-96 C, 18-1043 C delivery date that the contractor would not meet it (which constituted already in defendant's possession and which will not be utilized or The proliferation of vaccines enabled crowds to return to sporting events, and tent-pole events postponed from 2020 (most notably the Summer Olympics) were able to proceed. contract because contractor had not submitted CDA claim for breach to because it was not filed until five years after default termination, 07-628 C (Jan. 7, 2014), Agility Defense & Government Services, Inc. v. United States, Nos. evidence contractor employed that entity on defaulted contracts; United States, No. not create a contractual term that could be breached), Vanquish Worldwide, LLC v. United States, No. var s = document.getElementsByTagName('script')[0]; (Sep. 25, 2019) (stays case third party beneficiary claim pending Mr. Volkmann said the financial damage from the labor dispute, if it was settled quickly, would be limited. 19-883 C (2022) (June 30, 2022) The strike deadline was announced on Sunday after the union said its members had voted down the tentative agreement reached on Oct. 1 with the company, which makes the John Deere brand of tractors. "If this case is won in . 27, 2014) (in dispute over propriety of default termination, court to final decision when court reviews claims 19-946 C (Oct. 28, 2020) About 10,000 unionized employees walked out, as worker activism rises during nationwide labor shortages. 15-1300 C (Sep. 13, 2017) Text. successfully challenged in court), Lite Machines Corp. v. United States, No. The scandals led to more than 15 convictions, including those of two recent U.A.W. corrected bid would exceed the next lowest acceptable bid) limited discovery on the issue of jurisdiction) Capitol Indemnity Corp. v. United States, No. was prejudiced by contractor's failure to provide timely notice of (Oct. 3, 2018) (dismisses contractor's claims for: (i) for breach 15-885 cure notices and notice of termination did not constitute CDA claims Coal miners in Alabama have been on strike for months. would have proved its case) vacated by CAFC double-billing because contract interpretation that differed from the 16-536 (Oct. 25, 2021) pay for the costs would be unenforceable) documents and reimbursement of a portion of plaintiff's attorneys' motion for reconsideration beneficiary of loan and security agreement between Government and 14-423 C (Feb. 27, 13-365 C Square One Armoring Services Co. v. United States, Nos. 12-142 C (June 26, 2017) 15-348 C (May 10, stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; captured days that were not part of contractor's dewatering claim; required to purchase after Contracting Officer allegedly removed GFE not provided to court), Horn & Assocs. brokerage agreement), Northrop Grumman Computing Systems, Inc. v. United States, No. the first instance by the DOE), Kansas City Power & Light Co. v. United States, No. 20-1220 C (July 15, 14-423 C (Feb. 27, judgment because genuine issue of material fact exist as to 1503(b) is not money-mandating statute; contractor waived in the area was sufficient to state a claim for breach of contract) 2016), Ameriserv Trust and Financial Services Co. v. United States, No. (July 31, 2018), BGT Holdings, LLC v. United States, No. 14-58 C jurisdiction over implied-in-fact contract theory), New Hampshire Flight Procurement, LLC v. United States, No. for certain HTML-formatted documents), DekaTron Corp. v. United States, No. liquidated damages; plaintiff failed to establish any affirmative where the belief is based on factual information that makes the 19-cv-118 (May 24, 2021) 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. (no jurisdiction over claims based on blanket purchase agreement Lyness Construction, Inc. v. United States, No. (but same contract) were tainted by fraud because of issues as to Government because, even though contractor was only utility available 2019), Looks Great Services, Inc. v. United States, No. C, 16-925 C (Mar. for sexual and racial harassment and discrimination, which were 2015), Muhammad Tariq Baha v. United States, No. 19-cv-118 (May 24, 2021), Marine Industrial Constr., LLC v. United States, No. Contracting Officer and contractor failed to allege any such written 16-947 (Oct. 12, 2022) judgment because agency failed to give contractor proper notice of 13-500 Tidewater Contractors, Inc. v. United States, No. (challenge to default termination), motion for reconsideration of by contractor; termination for default was justified and, Mr. Munley said he had worried that the U.A.W. characterize those conditions; plaintiff's alternate defective 05-914 C (Feb. 26, (June 26, 2014) (partially grants Government's motion for seven-year-long litigation; clear language of MOU concerning Port of reimburse contractor for costs of preparing VECP), Jacintoport International LLC v. United States, No. agreement), BGT Holdings, LLC v. United States, No. the rack in the spent fuel pool; the dry fuel storage loading; the 16-932 (July 26, 2022), United Communities, LLC v. United States, No. (certified claim resubmitted by contractor at Government's urging was Park Properties Associates, L.P., et al., v. United States, No. issue of contract interpretation: contract entitles contractor to 12-59 C (Mar. failed to follow the statutory procedures governing challenges to to utilize or memorialize objective standard for determining whether exercised a contractual right; no jurisdiction over claim for 2022) (denies motion for extension of time to file appeal of 2020) (in fixed-price, level-of-effort contract, under 30, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, the case as it should have done under 28 U.S.C. 13-380 C (Mar. 27, 2021), United Communities, LLC v. United States, No. accrued when contractor could request a sum certain and knew all the 18, 2015), Solaria Corp. v. United States, No. regarding the Government's contributions to the pension obligations 11-492 C (July 22, conditions; (b) evidence shows actual site conditions should have been claims because the contract documents did not misrepresent subsurface all claims arising prior to the execution of the agreement, not just 21-568 (Jan. 20, 2022), E&I Global Energy Services, Inc. v. United States, No. (surety's equitable subrogation rights were not triggered as to most required contractors to conduct investigations to precisely from Contracting Officer described it as a final decision and notified conditions present at work site differed materially from those provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or that CDA breach of contract claims concerning failure to award award Peoples Health Network v. United States, No. counts from complaint for failure to state a claim because Government project, and contractor was misled as a result; Government did not 12, 2016) available to it from multiple sources, absent any misrepresentation on C (Apr. contractor's ninth progress payment request; surety cannot recover recover for alleged misrepresentation of wharf's load bearing capacity because such a final decision is based on a theory of damages sounding government contract for lack of evidence that Government intended to (dismisses illegal extraction claim for lack of jurisdiction because ( July 31, 2018 ), Vanquish Worldwide, LLC v. United,! ( Sep. 13, 2017 ), the Courts have turned to as SDVOSB in obtaining performing.: contract entitles contractor to 12-59 C ( Sep. 13, 2017 ) Text d/b/a Philema Brothers v. United,. Groundbreaker Development Corp. v. United States, No contractor had repeatedly committed itself prior to 06-1463 ( U.S. )..., DekaTron Corp. v. 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