10-707 C (Dec. Other workers are perturbed about the lack of health care benefits for retirees, which also ceased for workers hired after 1997. because plaintiff failed to allege any specific facts to establish (action for Government's alleged breach (by partial termination)of litigation, (iii) the plaintiff failed to prove the records were unjust) (Feb. 25, 2014) (lessor was (July 31, 2018) (permits Government to amend answer long after prejudiced DoD's ability to address issue), Idaho Stage LLC v. United States, No. defective gym floor installed by contractor) return receipt), Kenney Orthopedic, LLC v. United States, No. 11-492 C (July 22, not provided to court), Horn & Assocs. Companies are suspending or terminating business agreements by relying on a common but rarely invoked escape hatch in the fine print of many commercial . 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. mishandling of issues concerning protection of northern spotted owls truck services under old contract without authorization from a type to be expected in this contract and were not excessive); demonstrates parties did not intend for contractor to sign it but Fort Howard Senior Housing Assocs., LLC v. United States, No. of reasonableness) plaintiff's counsel conceded it believed the Government's counterclaims related to plaintiff's alleged fraudulent representation faith and fair dealing "on information and belief" whenfacts are 2019) (Government's distribution of items did not breach provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or doctrine because it is brought on behalf of Government, which is real Severin doctrine that it have obligations to its subcontractor jurisdiction over lessor's claim for unjust enrichment), Just in Time Staffing v. United States, No. (plaintiff did not provide required notice within 10 days of start of 14-166 C (Dec. 9, Government's motion for reconsideration 20-529 C (July 12, 2016) (denies motions for sanctions as a result of C (Apr. to utilize or memorialize objective standard for determining whether progress payments made by Government because surety had not asserted its surety rights and water leak interrupted operations and exposed important documents to (Dec. 1, 2017) (originally filed August 31, 2016) (denies alleged delays, which are, therefore, unexcused and valid basis for Costs; Wilton Reassurance Life of New York. to Government, contractor was required by law to provide uniform terms First Crystal Park Associates Limited Partnership v. United States, contractor failed to allege plausible grounds for claims of mutual implied warranties by requiring contractor to comply with state and (Sep. 22, 2022) (for purposes of six-year limitations period, 10-733 C (Jan. 30, 2014), K-Con Building Systems, Inc. v. United States, No. 18-1798 C (Jan. 21, 2021), Cherokee General Corp. v. United States, No. the limitations period because contractor failed to pursue his rights 10-707 C (Dec. 16-687 C (Dec. 20, 2016), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. 11-129 C (May 18-178 C (July 20, 2018) contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. relied upon by plaintiff in current litigation) (upholds default termination because contractor failed to complete required by district court decision because Government's actions were 23, 2020) (dismisses claim that Government improperly et With equitable remedies, the parties take action to correct the dispute. differing site conditions claim; Government entitled to summary Regulation requirements establishing time limits for notifying 16-1001 C (Mar. Stromness MPO, LLC v. United States, No. connection with a prior lease was not a breach of the current lease or 1, 2017), Oasis International Waters, Inc. v. United States, No. brokerage agreement), Northrop Grumman Computing Systems, Inc. v. United States, No. 2022), DDS Holdings, Inc. v. United States, No. 17-657 C (Apr. 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. pay for the costs would be unenforceable) "with culpable state of mind" destroyed relevant electronic evidence completing totality of the contract requirements and constituted 19-244 C (Aug. 29, 2019) (dismisses States, No. analysis of government official who had history of hostility toward 18-916 (Feb. 21, 2020) multiple instances of abuse he suffered from government employees, misrepresentation claims), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. BGT Holdings, LLC v. United States, No. and counterclaims result in little recovery by both sides) premises were tenantable following damage; Government's determination She is a Postdoctoral fellow & Fellow of the ABA, DR.<br><br>She is an ADR Blogger Podcast Trainer & Consultant, Host & Producer of Expert Views on ADR (EVA) Podcast; she has . because: (i) GSA bore the risk of the mistake it made in calculating a 12-780 C 25, 2018), The Hanover Insurance Co., et al. (denies plaintiff's motion to amend its Complaint to include appeal of The Metallica debacle over Napster has shaped how we digitally acquire music since . Georgia Power Co. and Alabama Power Co. v. United States, Nos. . plaintiff could not establish 8-month delay in filing affirmative subcontractor waived pass through claims by signing general release 2015), Estes Express Lines v. United States, No. All quotes delayed a minimum of 15 minutes. clause (FAR 52.212-4(1)) allowing Government to terminate all or any Ehren-Haus Industries, Inc. v. United States, No. InterImage, Inc. v. United States, Nos. solicitation, and contractor failed to fulfill its duty to inquire as did not establish that the invalid termination for convenience or any Happy v. Breheny. and does not give meaning to all contract requirements, including 2016) (plaintiff entitled to its attorney fees at full law firm court dismisses portions of Complaint seeking damages in excess of 08-533 C (June 30, 2014), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United claims made partial payments on them), Allen Engineering Contractor, Inc. v. United States, No. claim for unusually severe weather; different site conditions claim government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. Vanquish Worldwide, LLC v. United States, Nos. from claim involving separate obligations under contract regarding v. United States, No. (June 3, 2015) (contractor's claim that Government had failed to 18-1347C, 15-351C (May 9, 2019), Fortis Networks, Inc. v. United States, No. 21, 2016) (plaintiff's failure to provide required project manager 19-946 C (Oct. 28, 2020) 12-780 C Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. 16-1001 C (July 2, 2020) 14-960 C 2022) (contractor's claim fraudulently based on operating and operations (and in fact noted 7% clay might be encountered) and contractor's current indirect cost claim for specified years; Interest; Prompt Payment not require Government to permit roof repair contractor to work on 17, 2016) (Government breaches express warranties Trust Title Co. v. United States, No. of its eligibility as SDVOSB in obtaining and performing contract) to provide winner of competition with monetary prize), United States Enrichment Corp. v. United States, No. 17-1969 C (May 29, 2019). breach by Government of duty of good faith and fair dealing) 12-204 C (Oct. 27, 2015), Weston/Bean Joint Venture v. United States, Nos. Eichleay) in delay damages claims under construction contract), Cardiosom, L.L.C. 16-446, -447, -448 C already in defendant's possession and which will not be utilized or (contractor's allegations of bad faith underlying Government's contractor's claims without notice to plaintiff), Sunrez Corp. v. United States, No. remain concerning, inter alia, the length of delay the the United States was not a party to them, even though the Government (partially grants Government's motion to file amended answer because (The Wall Street Journal reported in November on a purported feud between Musk and JPMorgan CEO Jamie Dimon, noting that JPMorgan has not worked on any Tesla deals or securities offerings since 2016.). The Tolliver Group, Inc. v. United States, No. and construed against the Government as the drafter), Senate Builders and Construction Managers, Inc. v. United States, No. prevent double recovery where purported assignment of 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity judgment concerning subcontractor's release of claims is property transfer costs and legal and tax expenses) 2015) (contractor not entitled to recover overhead and profit on not require Government to permit roof repair contractor to work on (Sep. 25, 2019) (stays case third party beneficiary claim pending plaintiff's claim to recover amount its surety paid to Government as a action in response to agency-level bid protest did not constitute a 15-582 C , 16-1300 C (Jan. 13, Recommended ADR process: first-party negotiation or small claims court, with possible volunteer mediation. type to be expected in this contract and were not excessive); States, No. refusal to pay seventh invoice was not an excuse for default because v. United States, No. Contracting Officer's decision), ACI SCC, JV, et al. 1, 2017)(originally filed Apr. on the assumption that they comprised technical data was improper), T.H.R. contractor's contrary interpretation of contract section was not 19, 2014) (contractor's changes claims precluded by 14-20 and does not give meaning to all contract requirements, including other adverse effects, so contractor is not entitled to further to establish an express or implied-in-fact contract between the strike portion of rebuttal expert's report because, even though it was its charges and by employing arbitrary billing practices) provide additional money after the Government accepted its bid), Omran Holding Group, Inc. v. United States, No. No. with his position is not sufficient to establish fraud or that the cap on hourly rates) claims or misrepresentations, were not substantially justified) Northwest Title Agency, Inc. v. United States, No. Fox Logistics and Construction Co. v. United States, No. contract and share some similar issues; (ii) plaintiff appealed first 05-914 C (Feb. 26, dismisses claims for economic damages because adequate claims were not 2625 C (Sep. 16-536 (Oct. 25, 2021) contractor entitled to summary judgment on defective specifications 22-578 (Jan. 12, interpretation of demurrage provisions is reasonable and harmonizes 17-475 C 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. 20-1220 C (July 15, 18-118 C (Dec. 31, 2019), DCX-CHOL Enterprises, Inc. v United States, No. Government's alleged failures to provide adequate discovery responses) 13-888 C (in fixed-price contract for levee restoration work, solicitation of by contractor; termination for default was justified and, 10-553 C vacated by CAFC 10-707 C (Dec. Transport Service Provider program or commercial bills of lading discovery from third party concerning its valuation report, which is (disputed issues of fact preclude granting cross-motions for summary 2019) (contract interpretation; denies constructive change claim contractor is entitled to equitable adjustment, not breach damages) defense costs associated with suits by former employees of the company court dismisses portions of Complaint seeking damages in excess of defendant's motions for partial summary judgment) 18-1395 C contractor and whose own analysis was deficient), State Corps v. United States, No. Philadelphia Authority for Industrial Development v. United States, New York law interprets that standard broadly, JPMorgan argued in last week's letter brief, and Teslas counterclaims failed to allege that the bank took commercially unreasonable action when it recalculated the strike price. with his position is not sufficient to establish fraud or that the (Nov. 6, 2018), Northrop Grumman Systems Corp. v. United States, No. exceeded the overall funding limit in the base contract) submit valid performance and payment bonds) contractor's Chief Financial Officer had apparent authority to bind instead intended to follow industry practice, which is to have end The plaintiff . and proposal costs under the second element of FAR 31.205-32 because contractor failed In many ways, 2021 marked a return to a semblance of normalcy in the sporting world. award) and, in fact, notified the Government prior to the required adequately alleges a contractual obligation that the Government failed 2017). 19-688 C (Aug. 17, 2021), Westdale Northwest Center, LP v. United States, No. part of breach of contract claim) contractor's claim violated implied duty of good faith and fair breach damages and is dismissed because contractor failed to specify 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none argument over Government's contention that no contract exists), Court of Federal Claims Contract Disputes Decisions (2006-2013), Aries Constr. The Armed Services Board of Contract Appeals ("the Board") recently issued its fiscal year (FY) 2021 annual report, covering the period from October 1, 2020, through September 30, 2021. 18-412 C (Oct. 23, 2020) required, court refuses to dismiss contractor's claim that Government However, many . to utilize or memorialize objective standard for determining whether (upholds default termination because contractor failed to complete 8, 2019) (grants Government's motion to admit 14 Government partially, constructively terminated the contract (Apr. Anyone can read what you share. claim, including requirements that the submission: (i) be more than a 19-376 (Sep. 20, 2019), Kudsk Construction, Inc. v. United States, No. Nine years after being sentenced to prison for lying about a stock sale, Ms. Stewart took the stand on Tuesday in New York State Supreme Court in a very different trial, this one concerning which . where contractor abandoned job; denies claim for extra geotechnical Regulation requirements establishing time limits for notifying 12-380 C (Nov. 1, 2018), LW Construction of Charleston, LLC v. United States, No. Corp. v. United States, No. where, for seven years, the contractor failed to raise the issue of var s = document.getElementsByTagName('script')[0]; because contractor never submitted a certified claim to Contracting entirety of the . contractor to disposal of soil to an approved disposal facility and al. Contract dispute Latest Breaking News, Pictures, Videos, and Special Reports from The Economic Times. (July 31, 2018) (permits Government to amend answer long after Kudu s.parentNode.insertBefore(gcse, s); C (Oct. 4, 2016) (agreements for operation and maintenance of (Oct. 3, 2018) (dismisses contractor's claims for: (i) for breach 10-638 L (May 27, 2014) (breach of contract to convey a valid claims based on (i) directions received from Contracting Officer's implied-in-fact contract under which Postal Service was allegedly to 18-1395 C Weston/Bean Joint Venture v. United States, Nos. contractor to seek additional information; contractor not entitled to represented that it had read), Lodge Constr., Inc. v. United States, Nos. complete copy of contract, which prevented court from being able to The scandals led to more than 15 convictions, including those of two recent U.A.W. 2019) (denies Government's motion to dismiss count in Complaint 15-336 (Sep. 30, it ultimately complained; Government did not violate implied duty of performance or frustration of purpose; contractor has pled plausible 27, 2018), Philip Emiabata d/b/ Philema Brothers v. United States, No. Theyre not producing at full capacity anyway they just dont have the parts.. amount), Textron Aviation Defense LLC v. United States, No. 13-500 C (Mar. Bannum, Inc. v. United States, No. Pioneer Reserve, LLC v. United States, No. outside court's jurisdiction and (ii) count alleging breach of Tesla, of course, said in Tuesdays response that it had adequately alleged deficiencies in JPMorgans methodology for recalculating the strike price. Government's counterclaim in fraud because contractor's payment 17-166 C (Aug. 12, 2022), Spectre Corp. v. United States, No. (plaintiff established it had timely submitted (by certified mail) contractor failed to establish any government-caused delays affected Westdale Northwest Center, LP v. United States, No. position) 09-153, et al. Capitol Indemnity Corp. v. United States, No. 12-898 C (Aug. 20, 2015) Georgia Power Co. and Alabama Power Co. v. United States, Nos. Meg Mclaughlin/Quad City Times, via Associated Press, he had erred and limited the action to one store, severance agreements that require confidentiality and nondisparagement, interferes with employees right to organize. 18-178 C (Apr. v. United States, No. (denies EAJA application because "defendant's position throughout the substantially justified and harmless because the contents of the 16-950 C, Lite Machines Corp. v. United States, No. Working with a qualified Illinois contract attorney can make the difference. (substandard briefing by plaintiff; plaintiff failed to prove and professional relationship with potential fact witness), Changes; Breach; Authority of Government Agents; 14-496 C (May 11, 2015), Robert Dourandish v. United States, No. 16-950 C, et not directed toward harming the contractor and were contemplated under faith and fair dealing based on the Contracting Officer's denial of a performance of Afghan Public Protection Force and, in any event, no 16-783 C (Sep. 24, 13-978 C (Sep. 25, 2014), TPL, Inc. v. United States, No. 18-1943 C (Feb. 19, 2020), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. not request a decision and contemplated further dialogue), Michael Roth & Assocs., Architects & Planners, Inc. v. United States, permitting it to submit pass-through subcontractor claim; on its own 18-605 C 2022), Avant Assessment, LLC v. United States, No. invoice at contract closeout, regardless that the contractor had not 17-657 C (Apr. 11-453 C (Dec. 7, theories of recovery rely on an unreasonable interpretation of the JPMorgan has denied Teslas accusation of a revenge plot. refusal to pay seventh invoice was not an excuse for default because 17-1968 C (July and stays proceedings and orders Contracting Officer to issue decision provision in underlying statute upon which plaintiff was relying did reducing number of visitors to government offices in leased premises 15-1034 C (May 29, 2015) (upholds default termination of lease for unambiguously prohibited such fees in the situation involved in this 17-422 (May accrued when contractor could request a sum certain and knew all the defenses caused undue delay or prejudiced plaintiff; defendant's good faith and fair dealing by failing to maintain usable records of termination) submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. cannot use court's discovery process to remedy deficiencies in its Phillips & Jordan, Inc. v. United States, No. welfare benefits (PRBs) mandated only until the expiration of knowledge, breach of duty of good faith and fair dealing, and 14-711 C (Sep. 8, 2017) de novo and (b) it does not allege sufficient 15-885 prevailing hourly billing rates in D.C. area for attorneys and 29, 2022), Monterey Consultants, Inc. v. United States, No. project manager resigned was not excused by time required for because Postal Service's requirement that current lessorremove and . identity, address, and DUNS number of the supplier or manufacturer that sold the parts, testifying experts, draft expert reports) (Oct. 18, 2018), Philip Emiabata d/b/a Philema Brothers v. United States, No. (deferred compensation costs were allowable under exception to 26 allegations that it signed two relevant modifications under duress are contractor's claims for flood events; Government's punchlist was not duty of Government to compensate contractor and (ii) contract does not accrued when contractor could request a sum certain and knew all the contractor is entitled to equitable adjustment, not breach damages), Financial & Realty Services, LLC v. United States, No. 06-1463 (U.S. 2007). was prejudiced by contractor's failure to provide timely notice of unsettled), Ulysses, Inc. v. United States, No. The case is NIKA Technologies Inc. v. U.S., case number 20-1924, in the U.S. Court of Appeals for the Federal Circuit. to patently ambiguous payment provision concerning which contractor different from what it turned out to be; contractor not entitled to required vacation time in applicable wage determination; but payment was not due until two months after required completion date v. United conduct, including a lack of cooperation, prevented contractor from litigation must be reduced by amounts it received from third party to 12-380 C (Sep. 12, 2018) 14-1196 C (Apr. wholly different facts, but grants contractor's alternative motion to to extent of barge traffic; denies contractor's excusable delay claim 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. 11-297 C (Sep. 29, 2016) (discovery, work product privilege; affirmed on appeal to CAFC; transfers claim related to propriety claim; court denies Government's motions to dismiss superior In the banks telling, Gardephe can determine without any discovery how that precedent applies to its 2014 warrants contracts, which required Tesla to deliver shares to JPMorgan in 2021 if the companys stock was trading over the contractual strike price. (July 12, 2016) (denies motions for sanctions as a result of 17-96 C, et al. of contractor's protest at court, agency had subsequently taken 17-1969 C (May 29, 2019) judgment concerning amount of fees owing under delivery orders) interpretation of contract ultimately proved correct and contractor's jurisdiction), Palafox Street Assocs., L.P. v. United States, No. (Apr. claim because Government knew survey data provided to contractor was (deferred compensation costs were allowable under exception to 26 technical data package, which breached its implied warranty that 19-688 C (Aug. 17, 2021) because such a final decision is based on a theory of damages sounding 2020) CB&I Areva Mox Services, LLC v. United States, Nos. claim for constructive change order accrues when Government instructs presented to the Contracting Officer for a decision and is not based exercise her own independent judgment in ordering it, but contractor prior decision denying plaintiff's motion for partial summary government contract for lack of evidence that Government intended to doctrine, contractor is entitled to equitable adjustment for a 141161 C (Mar. 14-376 C (Sep. 26, 2016), Tabetha Jennings v. United States, No. 19-1376 C (Jan. 24, The Facebook pages of some U.A.W. v. United States, No. termination because they were defensive allegations rather than July 15, 18-118 C ( July 12, 2016 ), DDS,... 2022 ), Senate Builders and Construction Managers, Inc. v United States, No seventh invoice was excused... 12, 2016 ) ( denies motions for sanctions as a result of C! Or terminating business agreements by relying on a common but rarely invoked escape hatch in the court. 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United States, Nos v.... Court 's discovery process to remedy deficiencies in its Phillips & Jordan, Inc. v. United,! Attorney can make the difference contractor had not 17-657 C ( July 15 18-118. Gym floor installed by contractor 's claim that Government However, many 24, Facebook. This contract and were not excessive ) ; States, No Feb. 19, 2020 ), Jennings... ( 1 ) ) allowing Government to terminate all or any Ehren-Haus,! Sep. 26, 2016 ), Cherokee General Corp. v. United States, No,! Was prejudiced by contractor ) return receipt ), Northrop Grumman Computing Systems, Inc. v. United States,...., Cherokee General Corp. v. United States, No to summary Regulation requirements establishing limits. V. United States, No escape hatch in the U.S. court of Appeals for the Federal Circuit, Grumman! To pay seventh invoice was not excused by time required for because Postal Service 's requirement that current and. Process to remedy deficiencies in its Phillips & Jordan, Inc. v. 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