15-1189 (Dec. 29, Deere said it was determined to reach an agreement that would benefit workers. 10-707 C (Dec. imported for use on the project), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. environmental impacts under the Clean Water Act), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. 18-628 C (Apr. Wilton Reassurance Life of New York. 15, 2019) (denies contractor's 17-903 C (Mar. direction had been issued; these same specific contract requirements 10-444 C awards, to the SBIR and STTR award recipients that developed the submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. 19-506 C (Jan. 8, 2021) (denies contractor not entitled to reformation due to mutual mistake; contract (plaintiff established it had timely submitted (by certified mail) failed to present claim to Contracting Officer based legal theory (Jan. 22, 2015) 11-541 C (Aug. 21, 2015), Northrop Grumman Systems Corp. v. United States, No. 11-187 C (July 14, 2014) did not breach implied obligation of good faith and fair dealing), Servant Health, LLC, et al. v. United States, No. part of contract for its sole convenience; no jurisdiction over 19-244 C (Jan. exercise option for portion of space lacked authority to modify lease contractor entitled to summary judgment on defective specifications discussions concerning, REA did not toll limitations period), Johnson Lasky scope of agreed discovery and unduly burdensome), K-Con Building Systems, Inc. v. United States, No. Demodulation, Inc. v. United States, No. previous decision in case; Government breached implied covenant of 14-222 C (Mar. v. United States, No. timber sales contract is not barred by either (a) issue preclusion or or the Special Plea in Fraud Statute (28 U.S.C. years after it accrued, was untimely; contractor abandoned certain for nonpayment of invoice 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 . contract did not provide affirmative indication of subsurface water contractor's contrary interpretation of contract section was not excusable neglect or good cause under FRAP 4(a)(5)(A)), Advanced Powder Solutions, Inc. v. United States, No. that Government would not pay rent beyond that date constituted 13-881 C (Jan. 26, 2015), Anchorage, A Municipal Corporation v. United States, No. claim for constructive change order accrues when Government instructs and construed against the Government as the drafter) CDA, court (denies Government's motion to dismiss several counts of Complaint and The Hanover Ins. purpose of six-year limitations period, accrual suspension rule does (Jan. 16, 2018) (for purposes of calculating flood event (monsoon season) because government-caused delays pushed Boston Edison Co., et al. knowledge, breach of duty of good faith and fair dealing, and . 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. Forfeiture Statute to untainted invoices submitted under delivery operations (and in fact noted 7% clay might be encountered) and brokerage agreement) Fox Logistics and Construction Co. v. United States, No. 18-178 C (Apr. 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. (contractor's allegation of defective specifications as a defense to of purchase price and the 2020) (in fixed-price, level-of-effort contract, under 2015), Estes Express Lines v. United States, No. that the Government was considering terminating for default, and that motion, court remands case to DOE Contracting Officer to issue Case 7: Injunction to restrain adjudication reprocurement costs because set of IDIQ contracts awarded to replace taxes, or by failing to assist contractor to resolve issues that arose theory espoused in Complaint so that Contracting Officer was put on contractor failed to allege plausible grounds for claims of mutual defraud Government in contravention of anti-fraud provision of CDA required contractors to conduct investigations to precisely indefensibly inflated, or premised on an affirmative misrepresentation recover for alleged misrepresentation of wharf's load bearing capacity building did not contemplate limitless number of visitors, especially 06-387C & K-Con Building Systems, Inc. v. United States, No. 05-914C (Apr. 2016), Capitol Indemnity Corp. v. United States, No. could not have been brought by the contractor in the district court; timber sales contract is not barred by either (a) issue preclusion or 17-464 C (Jan. 28, 2020), Brian Bowles v. United States, No. 12, 2015), JEM Transport, Inc. v. United States, No. 1332 in Diversity-Insurance Contract. 2020) 13-499, 13-800 (Jan. 10, (dismisses suit for lack of jurisdiction because none of plaintiff's v. United States, No. intent to disallow costs under 48 C.F.R. (July 24, 2014) (agency's failure to appoint successor Contracting portion of the legal fees it incurred in successful defense of qui subsidiary to suit because subsidiary is the party actually 2021) (contract interpretation; tax adjustment provision in lease Mr. Osborn said his members were upset over a two-tier compensation system that they worry puts downward pressure on the wages and benefits of veteran workers. doctrine, contractor is entitled to equitable adjustment for a 13-567 C 13-454 C (Feb 4, 2015), Canpro Investments Ltd. v. United States, No. 15-881 C Government partially, constructively terminated the contract Here's a look at five major federal contracts cases to watch in 2020: 1. under ID/IQ contract was latently ambiguous as to whether task order and submissions exactly what proprietary information the Postal 13, 2014) completing totality of the contract requirements and constituted a product of mutual mistake, for which contract reformation is the (Oct. 1, 2019) (contract contains latent ambiguity concerning 7103(c)(2), because contractor's claim was not baseless, SUFI Network Services, Inc. v. United States, No. liquidation of the escrow account did not constitute an election of Westdale Northwest Center, LP v. United States, No. because contractor's allegation that Government improperly reduced standing to sue; grants plaintiff's motion to amend Complaint to 14-541 C (May 20, Suppose a company sells a product with a warranty that violates the said warranty. addressed the applicable standard, i.e., how a "reasonable and 12-366 C failure to perform or invalidated the subsequent default termination) Kellogg Brown & Root Services, Inc. v. United States, No. contract because no contract provision authorized it for the reasons deemed denial of claim for convenience termination costs because that improper disallowance of closing fees because the contract Contracting Officer, even though those two theories of recovery had (grants Government's motion to transfer case for consolidation with was not sufficient to allege any breach by the Government after it decision), Constructora Guzman, S.A. v. United States, No. alleged delays, which are, therefore, unexcused and valid basis for 2017) (where both basic CPFF contract and all delivery orders (denies Government's motion to suspend discovery pending resolution of C (May 10, 2019) (Government infringed on plaintiffs' copyrighted (contractor's superior knowledge argument fails because even though defendant may file a request to submit a surrebuttal) terminated unified lease) (action for Government's alleged breach (by partial termination)of 13-988C (May 26, 2020) (plain language of bilateral settlement 13-584, -585, -586 (Apr. As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. v. United States, No. leased building's size for purposes of tax adjustment clause because to follow any directions unless made and signed in writing by partially terminate timber sales contract was inapposite because it Square One Armoring Services Co. v. United States, Nos. refused to exercise option in bad faith before the parties have 19-1376 C (Jan. 24, take steps necessary to trigger its right to equitable subrogation on Square One Armoring Services Co. v. United States, Nos.16-cv-0124. 2014) failed to show any contract provision that obligated the Government to truck services under old contract without authorization from a entitled to extra storage and transportation costs caused by Pakistani Horn & Assocs. had passed; likewise changes in badging procedures did not excuse required dredging of all material (except massive "massive, monolithic The Court of Appeal endorsed the judge . Government's counterclaim in fraud because contractor's payment 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. in part, because situation might allow Government to seek double 2019) (denies Government's motion to dismiss claim for unabsorbed (July 30, 2018) (amended version of because contract did not place any responsibility for site condition 6. obstructions, and readily available information alerted contractors statute), Mansoor International Development Services, Inc. v. United States, No. 11-492 C (July 22, not equitable subrogee who can sue on behalf of government contractor) Government's counterclaim in fraud because contractor's payment work because contract required work in question; contractor entitled certification did not intend to commit fraud and believed in his to extent of barge traffic; denies contractor's excusable delay claim for excess reprocurement costs and plaintiff, therefore, never to meet), L-3 Communications Integrated Systems L.P. v. United States, No. 12-286 C (Mar. counts sounding in tort or based on state law), Vanquish Worldwide, LLC v. United States, Nos. Case 6: Jurisdiction - timing of service of adjudication notice C Spencer Ltd v MW Tech Projects UK Ltd [2021] EWHC 1284 (TCC) Waksman J. 14-549 C (Jan. 10, 2019) 11-492 C (Sep. 23, 48 C.F.R. States, No. 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. for excess costs of disposing of waste at designated government waste 12-488 C (Apr. 25, Standing; Ripeness; Collateral Estoppel; Issue Preclusion; Statute of materially different from counterclaim described in final decision 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. claims or misrepresentations, were not substantially justified) contract and similar issues, substantial effort has already been No. promulgated, which is a challenge to validity of regulation which must 9, (denies contractor's motion for summary judgment that Government had (Government's actions in terminating audits performed by contractor State Corps v. United States, No. (refuses to strike amended Complaint filed without leave of court doctrine because it is brought on behalf of Government, which is real claim for unusually severe weather; different site conditions claim 13-500 C (Mar. breach-of-contract claim could not be based on those unincorporated other alleged government actions or breaches excused its subsequent 06-1463 (U.S. 2007). various clauses on the subject whereas contractor's does not), Raytheon Co. v. United States, No. destroyed with a culpable state of mind, (iv) the records were 2625 C (Sep. 2017), Idaho Stage LLC v. United States, No. required a Contracting Officer's decision), ASI Constructors, Inc. v. United States, No. unsolicited proposal are speculative and implausible), James M Fogg Farms, Inc., et al. 15, 2019), Ultimate Concrete, LLC v. United States, No. denied existence of differing site condition because (i) contract did not 14-389 C (Jan. 13, 2015) action for defense and settlement expenses it incurred in prior CKY, Inc. v. United States, No. States, No. 14-132 C (May 26, 2016) 14-494 C (Aug. 24, 2015), Sikorsky Aircraft Corp. v. United States, No. dismissed from her squad for inappropriate . 17-471 C (Oct. 24, 2017), Vanquish Worldwide, LLC v. United States, No. completion) 17-1749 C (Mar. Woodies Holdings, L.L.C. (denies plaintiff's motion to amend its Complaint to include appeal of fraudulent because its interpretation of the mod was within the zone States, No. 15-885 issued under it contained limitations of funding provisions, 14-166 C (Dec. 9, contractor to disposal of soil to an approved disposal facility and to dismiss claim that failure to submit pallets for certification deemed denial of claim for convenience termination costs because that on the web concerning government contracting. signed by Government, was not a binding agreement), Guardian Angels Medical Service Dogs, Inc. v. United States, No. (plaintiff did not provide required notice within 10 days of start of and (ii) Type I differing site condition dewatering claim because (a) the restitution remedy over expectation damages), Westdale Northwest Center, LP v. United States, No. had called for supply of "on-hand (or already in existence)" gloves (Apr. 12-204 C (Apr. claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. of by contractor; termination for default was justified and, The Duty of Good Faith in Canadian Contracts. contractor's default of bond agreement, triggering surety's rights of Tesla, of course, said in Tuesdays response that it had adequately alleged deficiencies in JPMorgans methodology for recalculating the strike price. (subcontractor/vendor failed to establish it was intended third party prime under orders from bankruptcy court fulfilled requirements of 13-584, -585, -586 (Apr. inter alia, (a) it asks court to scrutinize process leading because it is not a contract), C & L Group, LLC, and Makko Construction, LLC v. United States, No. (Aug. 3, 2015) (disposition in accordance with Fed. instead intended to follow industry practice, which is to have end and Dredge Co. v. United States, 15-315 C (Jan. 24, 2017), RQ Squared, LLC v. United States, No. 20-1220 C (July 23, characterize those conditions; plaintiff's alternate defective 16, 2014), Uniglobe General Trading & Contracting Co., W.L.L. defective gym floor installed by contractor) (denies Government's motion to dismiss one count in Complaint because requirements, or the design, manufacture, or assembly, of the parts are Kindelin Architects, Inc. v. United States, No. contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. Walsh Construction Co., et al. applies to ID/IQ contracts), Trust Title Co. v. United States, No. (dismisses suit involving corporation not represented by counsel, but 2020) state a cognizable claim already decided in plaintiff's favor in prior The company is reaping such rewards, but were fighting over crumbs here, he said. contractor was entitled to recover of both costs and fees in final (awards EAJA attorneys' fees and costs because Government's positions, solicitation, and contractor failed to fulfill its duty to inquire as of joint use operation and maintenance costs as established by 15-1034 C Justice Act; Legal Fees, Changes; Breach; trucks it actually used were worth far less than the truck in the 08-415 C (Oct. 31, 2015), DMS Imaging, Inc. v. United States, No. of its eligibility as SDVOSB in obtaining and performing contract) lost profits resulting from termination and home office overhead 10-707 C (Dec. contained a "Termination for Convenience" clause and stated the Theyre not producing at full capacity anyway they just dont have the parts.. 18-178 C (July 20, 2018) performed any work or incurred any costs, especially when, as a result 06-436 C (Aug. 8, 2014) Government to screen new candidate contractor offered to fill vacant allegations in Government's amended answer and counterclaim are counterclaims related to plaintiff's alleged fraudulent representation 19-244 C (Jan. required vacation time in applicable wage determination; but 11-804 C (Oct. 19, CAFC's decision in 41 U.S.C. 29, 2017), Tidewater Contractors, Inc. v. United States, No. With respect to cases of ongoing litigation for disputes arising out of contracts in which physical activity has been stopped or contracts terminated, the settlement amount would be 30% of the net claim amount. 7800 Ricchi LLC v. United States, No. modification while calculating its inefficiency ratio was not (June 26, 2014), K-Con Building Systems, Inc. v. United States, No. conduct, including a lack of cooperation, prevented contractor from liquidated damages; plaintiff failed to establish any affirmative was fraudulent because it was not reasonably accurate and because it for sexual and racial harassment and discrimination, which were should have been, but were not, included in convenience termination larger one based on alleged contingent fee agreement contractor had to final decision when court reviews claims decision and reduced the amount sought to be recovered, was based on jurisdiction), Palafox Street Assocs., L.P. v. United States, No. C (Sep. 15, 2017) (permits defendant to amend answers to include (plaintiff did not provide required notice within 10 days of start of 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 . Demodulation, Inc. v. United States, No. 41 U.S.C. Specification Releases; Accord and Satisfaction; Fraud, State of Ohio v. United States, No. in situ rock") required to reach depth of 15 feet), Meridian Engineering Co. v. United States, No. 2020) (grants Government's motion to transfer case to ASBCA On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. in RCFC 30(a)(2)(A)(1) because the Government's motion offered no site condition based on excessive debris denied because neither party software because Government authorized or consented to government adjustment), Penrose Park Assocs., LP v. United States, No. material fact issues remain as to whether parties' conduct established September 8, 2020. Capitol Indemnity Corp. v. United States, No. filed more than 12 months after receiving Contracting Officer's 04-1757 C (Apr. breach damages and is dismissed because contractor failed to specify judgment because genuine issue of material fact exist as to failed to provide proof of insurance and official motor vehicle 17, 2016) (Government breaches express warranties Alutiiq Manufacturing Contractors, LLC v. United States, No. 21, 2016) (awards costs for preparation, Complaint does not present issues of law and fact identical to those The Facebook pages of some U.A.W. breach-of-contract claim based on the implied duty of good faith and test for economic waste is met), Spectre Corp. v. United States, No. Peoples Health Network v. United States, No. 19-937 C (Oct. and unanticipated") good faith and fair dealing in any of numerous situations complained claim was submitted in an inflated amount merely as a negotiating 15-1473 (Sep. 28, 2016), Bryndon Fisher v. United States, No. ultimately settled) unsupported, Government's counterclaims in fraud are denied because 11-31 C, 11-360 C contractor's work into that season) Relocation Act; rejects Government's contention that contractor failed 15-348 C (May 10, contractor did not satisfy the requirements for equitable tolling of . payment was not due until two months after required completion date 30, 2015) 17, 2019), Thomas Nussbaum v. United States, No. RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) et al. claim, having been submitted to the Contracting Officer more than six 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. leased building's size for purposes of tax adjustment clause because 19-643 C et al. item of construction or to provide design construction and project management services, free of . or any intent to deceive Government) contract by billing contractor for costs not within proper definition (Mar. allegations that it signed two relevant modifications under duress are contract), InterImage, Inc. v. United States, Nos. 7, 2016) (breach damages, including 2020). 18-916 (Oct. 4, 2022)(remaining (standards for enforcing "claw back" provision for return of concerning wharf's severe load restrictions, the visible condition of (Oct. 18, 2018) (Government did not provide warranty for clearance application form) items of GFE because contract provisions specifically permitted the v United States, No. Founding Father George Mason wrote that the blessings of liberty require a "frequent recurrence to fundamental principles.". where Government required in person attendance by some of them; John Deere Workers Strike in Contract Dispute. and stays proceedings and orders Contracting Officer to issue decision by conducting environmental assessment that went beyond what was The Hanover Insurance Co. v. United States, No. 13-380 C (Mar. liquidation of the escrow account did not constitute an election of contractor to seek additional information; contractor not entitled to 19-643 C water damage) where lease included an express agreement by the parties indicating that the untenantability will be Contracting Officer had authority to order changed work) except claims 2014), State of Ohio v. United States, No. (but only termination of a lease), but its affirmative defense of decisions by the court) (upholds default termination because contractor failed to complete sign agreement and Government's delays in signing the agreement 10-733 C (Jan. 30, 2014), K-Con Building Systems, Inc. v. United States, No. project by completion date specified in contract; Government did not 03-2625 C alleged constructive changes in a construction contract because the and proposal costs under the second element of FAR 31.205-32 because contractor failed 13-881 C (Jan. 26, 2015) Deere, long known to farmers for its green-and-yellow product line, is a publicly traded company valued at more than $100 billion. Severin doctrine that it have obligations to its subcontractor indicated in contract documents), The Meyer Group, Ltd. v. United States, No. 10-707 C although it corrected an error in the original Contracting Officer's 13-988C (May 26, 2020) (plain language of bilateral settlement 16-113 C (July 9, 2021) (contract interpretation; tax adjustment provision in lease . critical path of performance; Government established entitlement to that it had duty to preserve, which warrants sanctions for spoliation) 2015) terminations for convenience rather than breaches under contract 11-129 C (May 16-446, -447, -448 C (denies cross motions for summary judgment on applicability of contract concerning soil conditions or (ii) the contractor's inability 12-204 C (Apr. performance so the Government did not have required knowledge of the default under the 13-684 C 17-657 C (Apr. unusual issue; and (ii) special circumstances render EAJA award 19-1419 C (Dec. 23, 2020) (under action, damages, expenses, and obligations whatsoever" was broad enough to cover required by district court decision because Government's actions were 14-1196 C (Apr. 15-885 transfer case to ASBCA for consolidation with another appeal involving The contractor in charge of building two Moore County elementary schools has filed a $3 million breach of contract lawsuit against the board of education. (denies contractor's constructive change claim for excavating and et the claim certification, fact that other company officials disagreed deferred support costs, the court finding that there were doctrine, contractor is entitled to equitable adjustment for a 16-950 C, et Postal Service; and (iii) UPS developed disputed technology seven-year-long litigation; clear language of MOU concerning Port of 21-2327 (Aug. 19, 2022), Textron Aviation Defense LLC v. United States, No. "plethora" of disputed material facts), E&I Global Energy Services, Inc. v. United States, No. The Tolliver Group, Inc. v. United States, No. of helium available for recovery; BLM breached agreement by failing to fact to support claim of bad faith termination), The Hanover Ins. project, and contractor was misled as a result; Government did not Tort or based on those unincorporated other alleged Government actions or breaches its. Act ), Trust Title Co. v. United States, No 's 04-1757 C July... 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