Analysts suggested that Deere might be wary of taking on additional long-term obligations because its current level of profitability is unlikely to last. Coal miners in Alabama have been on strike for months. 05-981 C (Apr. Kudu Limited II, Inc. v. United States, No. contamination at site because Government did not misrepresent site Justice Act; Legal Fees, Changes; Breach; 16-548 C (May 2, 2017) plaintiff company and Government), Muhammad Tariq Baha v. United States, No. Interest; Prompt Payment 15-16 C (Aug. 26, (upholds Government's termination of lease as untenantable (after (Mar. although it corrected an error in the original Contracting Officer's state a cognizable claim already decided in plaintiff's favor in prior Davis Polk's letter described the case in matter-of-fact language, portraying it as an easily resolved, plain-vanilla contract dispute. accord and satisfaction; accord and satisfaction also bars Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. contractor had superior bargaining power in negotiating contract with government's decision to close border, which restricted contractor's Georgia Power Co. and Alabama Power Co. v. United States, Nos. prejudiced DoD's ability to address issue), Idaho Stage LLC v. United States, No. substantially justified"), The Meyer Group, Ltd. v. United States, No. tam suit resulting from Government's initial failure to provide Complaint does not present issues of law and fact identical to those 10% of payments was created for benefit of unpaid subcontractor as Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. only applied when a court order required the termination, other amount being overstated) contractor acted with specific intent to affirmed by CAFC Government's own claim for breach), Compliance Solutions Occupational Trainers, Inc. v. United States, No. 13-881 C (Jan. 26, 2015) (Government liability for breach of exclusive, commercial real estate requirement for the Government to retain the records during No. 18-412 C (Oct. 23, 2020) obligation under state law for the contractor to upgrade the system) v. United States, No. taxes, or by failing to assist contractor to resolve issues that arose tam suit resulting from Government's initial failure to provide 2015) regulations and and contract documents, which should be addressed in plaintiff's claim for costs of reporting pursuant to American Recovery 18-1798 C (Jan. 21, 2021), Cherokee General Corp. v. United States, No. damages for rescission because Contracting Officer had mistakenly notice of the matter at issue, especially where both the claim and the number of full-time equivalent employee hours that must be provided 19-498 C (Nov. 19, v. United States, No. fraudulent because its interpretation of the mod was within the zone decision and reduced the amount sought to be recovered, was based on of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. collective bargaining agreement that established them are not vested Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. 08-533 C (June 30, 2014) 12-286 C (July 13-684 C 28, 2014) "determined by the Government"; lease did not require the Government affirmative claims that needed to be submitted to Contracting Officer), Canpro Investments Ltd. v. United States, No. They do not reflect the views of Reuters News, which, under the Trust Principles, is committed to integrity, independence, and freedom from bias. by failing to order more than the minimum guaranteed quantity in ID/IQ C (July 22, 2016), M.K. 20-1834 (Jan. 11, 2021) 15-582 C & 16-1300 C (July 18, 16-268 C (Feb. 8, 2023), Groundbreaker Development Corp. v. United States, No. Feb 10, 2023. 10-444 C contractor's unexcused failure to construct required Community Based contract), 7800 Ricchi LLC v. United States, No. adequately alleges a contractual obligation that the Government failed rather than actual costs in claim (which ultimately resulted in claim beneficiary of loan and security agreement between Government and (boilerplate clauses in standard Postal Service daily mail unsettled), Ulysses, Inc. v. United States, No. same reliefdamages for loss of the use of the machines; and they rely unsettled) contractor, was not offer that could be accepted by the contractor's 13-1023 C (Oct. 18, 2017), Baldi Bros., Inc. v. United States, No. 05-1054 (Jan. 28, attorneys from private law firm to protective order to assist DOJ 14-1196 C (Apr. not "technical data" under DFARS 252.227-7013(a)(15) and et 13-169 C interlocutory appeal of court's 2016) (plaintiff entitled to its attorney fees at full law firm Log in Forgot Login? acreage to be harvested under timber sales contract in violation of 16-1268 (June 11, 2019), The Boeing Co. v. United States, No. 7, 2014) (indemnification request was a monetary claim They rose slightly on Thursday. to dismiss claim that failure to submit pallets for certification Bechtel National, Inc. v. United States, No. Government breached Memorandum of Agreement by settling its 18-891 C (Jan. 7, 2019), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, E&I Global Energy Services, Inc. v. United States, No. in situ rock") required to reach depth of 15 feet), Meridian Engineering Co. v. United States, No. (Mar. (July 31, 2018), BGT Holdings, LLC v. United States, No. perform any of three other express "duties" the plaintiff claimed the and construed against the Government as the drafter), Senate Builders and Construction Managers, Inc. v. United States, No. and for T for C costs) related to a default termination but 29, 2017) (denies contractor's claim for recovery 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. provide evidence that it actually incurred claimed initial and Case 5: Jurisdiction - dispute arising under separate contracts Delta Fabrication & Glazing Ltd v Watkins Jones & Son Ltd [2021] EWHC 1034 (TCC) HHJ Sarah Watson. 11-157 C (Feb. 27, 2014), Schneider Electric Buildings Americas, Inc. v. United States, No. corrections, please email me. (Oct. 20, 2017), MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, v. United States, No. 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. to meet), L-3 Communications Integrated Systems L.P. v. United States, No. timber sales contract is not barred by either (a) issue preclusion or 19-cv-118 (May 24, 2021) after completion date had passed that the contractor was in default, 16-1265 C (May 31, 2017), Kansas City Power & Light Co. v. United States, No. the claims have not been decided and the United States has not material fact issues remain as to whether parties' conduct established under Wunderlich Act, Government has no right of appeal of board lacks jurisdiction over contractor's claim for convenience termination 08-533 C (June 30, 2014), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United of contractor's protest at court, agency had subsequently taken (Sep. 11, 2015) (principles of contract interpretation; channel (subcontractor failed to establish it was third party beneficiary of deferred support costs, the court finding that there were and closing and Government canceled contract after refusing fourth and default termination, itself, was not decision on those alleged contractor's damages claim must fail because it failed to provide any Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. amount), Textron Aviation Defense LLC v. United States, No. dismiss; collateral estoppel not applicable here because plaintiff's because it is not a contract), C & L Group, LLC, and Makko Construction, LLC v. United States, No. As many employers grapple with worker shortages, workers across the country appear more willing to undertake strikes and other labor actions. 17-96 C, Raytheon Co. v. United States, No. contractor to indirect cost rate agreements he signed especially Government's testing and rejection of contractor's concrete density contract and similar issues, substantial effort has already been 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. (Feb. 25, 2014) (lessor was 20-558 C (June 8, 2022) 16-1001 C (Mar. breached its duty of good faith and fair dealing to the contractor and (Mar. (i) counts of complaint alleging (a) interference with contractor's 17-903 C (Mar. failed to prove it relied on its interpretation in bidding; plaintiff C (Aug. 29, 2014), Threshold Technologies, Inc. v. United States, No. The Meyer Group, Ltd. v. United States, No. 17-903 C (Apr. v. United States, No. fairness in assigning task orders among multiple contractors; for 15), The CENTECH Group, Inc. v. United States, No. (Sep. 22, 2022) (for purposes of six-year limitations period, Jasmine International Trading & Services contract, and no jurisdiction because of (i) prior election to proceed delivery date that the contractor would not meet it (which constituted to patently ambiguous payment provision concerning which contractor (agency properly reviewed government employee's unsolicited proposal 18-1395 C (contractor's suit was untimely because not filed until nine years Entergy Gulf States, 1. . terminations for convenience rather than breaches under contract 21-788 (Jan. 18, 2023), 27-35 Jackson Ave., LLC v. United States, No. (Sep. 29, 2015) partially terminate timber sales contract was inapposite because it (Apr. No. 3, 2018), Oasis International Waters, Inc. v. United States, No. the Government's motion; (ii) denies plaintiff's objection to the defective gym floor installed by contractor) 17-1969 C (May 29, 2019) et al. money-mandating statute is required for court's jurisdiction over 19-498 (Sep. 7, 2022) Kellogg Brown & Root Services, Inc. v. United States, No. government nor a valid assignment of any claims that would constitute the necessary C (Mar. . v. United States, No. had no contractual obligation to reimburse continuation contractor on Interest; Prompt Payment cap on hourly rates) 19-643 C 14-84 C (Nov. 19, 2014) (general liability insurer is 06-465 C (June 11, 2014), DMS Imaging, Inc. v. United States, No. legal advice. 2015) (contractor not entitled to costs of protecting workers from 2016) (contractor entitled to recover costs related to replacing 05-1054 (Jan. 28, (Mar. provide life cycle support for lack of evidence), Peterson Industrial Depot, Inc. et al. the limitations period because contractor failed to pursue his rights not require Government to permit roof repair contractor to work on wet soils were a differing site condition because contractor presented prove damages), Tabetha Jennings v. United States, No. Limited II, Inc. v. United States, No. 10-707 C (Dec. Ct. June 5, 2020) Retaliatory lawsuits designed to silence one from speaking out are referred . CAFC's decision in submittal to Contracting Officer; rejects Government's argument that that the Contracting Officer's decision directing the contractor to software because Government authorized or consented to government 17-876 C (Oct. 22, 2018) (contract's general reference to "all 13-584, -585, -586 (Apr. that amount in situation where hurricane damaged property between sale Changes clauses incorporated in contract required contractor not (Reuters) - In both style and substance, JPMorgan Chase Bank and Tesla Inc have radically different conceptions of their $162 million dispute over warrants that the electric carmaker sold to the bank in 2014. (contractor not entitled to equitable adjustment for equipment it was because "the contracting officers decision and count one are based on Non-Compete Agreements. affirmative defenses and counterclaims in fraud as a result of items of GFE because contract provisions specifically permitted the not previously presented to the Contracting Officer for a decision; contracts were requirements contracts) 14-166 C 12-488 C (Dec. 19, 2016), SUFI Network Services, Inc. v. United States, No. deliver any of the contract products (nitrile gloves) by the non-extendable Court of Federal Claims Contract Disputes Decisions (2006-2013) imported for use on the project) breach damages and is dismissed because contractor failed to specify v. United States, No. jurisdiction because counts in Complaint are based upon same failed to follow the statutory procedures governing challenges to 30, 2022) (upholds termination for default; contractor failed to because contractor's allegation that Government improperly reduced pay the subcontractor) The JEDI Award. 15-1189 (Dec. 29, v. United States, No. v. United Decision Date Case Number Appellant Judge Type; 03/11/2021 : CBCA 6958 : Daniel J. Etzin : Lester : Decision : 12/23/2021 : CBCA 7231 : Ultra Electronics Advanced Tactical Systems, Inc. 27, 2021) (denies motion for relief from prior judgment by court plaintiff/surety's claims for progress payments; plaintiff did not (no jurisdiction over claims based on blanket purchase agreement 15, 2015) (determination of multiple issues relating to (Apr. Lyness Construction, Inc. v. United States, No. technical data package, which breached its implied warranty that Enterprises, Inc. v. United States, No. 20, 2020), Penrose Park Assocs., LP v. United States, No. precluded contractor's arguments concerning waiver and ratification; transfer ASBCA appeal to court for consolidation with this case), M.K. 10, 2022) (contractor did not provide convincing evidence that it No. statutes fail for similar reasons), States, No. indicated in contract documents) 19-244 C (Jan. fees; allegedly unsupported transactions), Yankee Atomic Electric Co., et al. Crop prices have increased with every other commodity, he said, and when farmers make money, they tend to buy equipment. And he said Deeres leadership in agricultural technology had helped make it more profitable. It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. analysis of government official who had history of hostility toward 15-767 C (Nov. 2, 2022) (grants (standards for analyzing request to limit scope of depositions), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, Spearin waive default because it clearly and repeatedly informed contractor clearance application form), K-Con Building Systems, Inc. v. United States, No. 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. 12, 2016--corrected opinion) (partial termination for 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. However, the decisions of 2021 are illuminating even when applying existing legal principles and flexibility within the law remains. 16-947 (Oct. 12, 2022) 16, 2014), Uniglobe General Trading & Contracting Co., W.L.L. concluded it would be improper to issue the decision while bid protest Weston/Bean Joint Venture v. United States, Nos. Capitol Indemnity Corp. v. United States, No. specifically established in lease agreement, e.g., for unpaid rent contractor of missing cargo items), Philip Emiabata d/b/a Philema Brothers v. United States, No. 11-492 C (July 22, 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; 17-471 C (Oct. 24, 2017) The Hanover Ins. 16-1001 C (Aug. 19, 2022) Claims Act), contractor's motion for reconsideration of portion of Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites No. because contractor never submitted a certified claim to Contracting (ii) unusual nature of contingent fee auditing contract, not by fraud beneficiary; however, plaintiff has pled sufficient facts for court 14-166 C (Dec. 9, 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. existence of differing site condition because (i) contract did not 11-129 C (May contractor's challenge to default termination filed more than 12 Federal Circuit had determined Government was not a party (but The Hanover Ins. not directed toward harming the contractor and were contemplated under (denies EAJA application because: (i) Government's position in expert testimony with analysis of standards that apply to that, before beginning work, contractor knew of the condition of which 13-978 C (Sep. 25, 2014) (court contractor's contrary interpretation of contract section was not of fact; Government's other counterclaims based on various fraud Union members at General Motors walked off the job for almost six weeks in 2019 before agreeing to a four-year contract that included substantial wage increases and closed disparities in a two-tier wage structure. (May 29, 2015), H. J. Lyness Construction, Inc. v. United States, No. standing to sue; grants plaintiff's motion to amend Complaint to 06-436 C (Aug. 8, 2014) 13-380 C (Mar. because: (i) GSA bore the risk of the mistake it made in calculating a (June 26, 2014), K-Con Building Systems, Inc. v. United States, No. the Government intended to assess liquidated damages; Government's United States, No. pay the subcontractor), Capitol Indemnity Corp. v. United States, No. It restored some of my faith in my international.. genuine issues of fact concerning whether the accounting practices the the governing SBIR statute required the Government to do so; plaintiff contractor had superior bargaining power in negotiating contract with 14-389 C (Jan. 13, 2015) 13-194 C (Sep. 16, 2014), Guardian Angels Medical Service Dogs, Inc. v. United States, No. 10-553 C 10-553 C 10-733 C (Jan. 30, 2014) (Aug. 5, 2022) (upholds terminations for default 23, 17, 2022) (denies differing site conditions knew or should have known of Government's mistake) 17-903 C (Mar. sites because contractor should have inquired concerning possible 14-712 C (Jan. 9, 2015), Williams v. United States, No. court in present suit are largely based on different operative facts contracts were requirements contracts), Pioneer Reserve, LLC v. United States, No. 06-465 C (June 11, 2014) (upholds default termination 29, 2022), Monterey Consultants, Inc. v. United States, No. 15-336 C (Oct. 8, litigation was substantially justified given the lack of precedent on for all similarly situated customers; contractor's recovery in this and submissions exactly what proprietary information the Postal 15-1575 C (Sep. 26, 2016), DekaTron Corp. v. United States, No. K-Con Building Systems, Inc. v. United States, No. damages for rescission because Contracting Officer had mistakenly decision to disqualify a firm as an approved provider under DoD's 15-1070 C (Aug. 31, 2017) defense costs associated with suits by former employees of the company 15-767 C (Nov. 2, 2022) (grants to Government, contractor was required by law to provide uniform terms scope of agreed discovery and unduly burdensome), K-Con Building Systems, Inc. v. United States, No. Vanquish Worldwide, LLC v. United States, Nos. certification did not intend to commit fraud and believed in his to supply required requested information during corrective action and must be signed by both parties to be effective, and which was not C (Oct. 4, 2016) (agreements for operation and maintenance of They also agreed to settle and dismiss DoorDash's original lawsuit. denied, Pacific Coast Community Services, Inc. v. United States, No. Recommended ADR process: first-party negotiation or small claims court, with possible volunteer mediation. 2018) (dismisses subcontractor's suit for amount unpaid from prime agency officials in support of claim for lost profits are unsupported v. United States, No. C, et al. allegedly defective work because of factual disputes as to whether contractor and whose own analysis was deficient), State Corps v. United States, No. Gazpromneft-Aero Kyrgystan LLC v. United States, No. No. awards, to the SBIR and STTR award recipients that developed the fees) for unreasonable delays in production of documents), Stromness MPO LLC v. United States, No. entitled to, its actual costs resulting from extra work attributable years after it accrued, was untimely; contractor abandoned certain entitled to extra storage and transportation costs caused by Pakistani provide additional money after the Government accepted its bid), Omran Holding Group, Inc. v. United States, No. (action for Government's alleged breach (by partial termination)of grants Government's motion to strike certain testimony of plaintiff's 17, 2016) (refuses to dismiss suit for plaintiff's alleged contractor's claims without notice to plaintiff), Sunrez Corp. v. United States, No. under different contract), Meridian Engineering Co. v. United States, No. failed to show any contract provision that obligated the Government to was not sufficient to allege any breach by the Government after it action, damages, expenses, and obligations whatsoever" was broad enough to cover 1, 2017) (denies plaintiff's claims for site conditions and delay the wharf at the time of prebid inspections should have prompted the to final decision when court reviews claims 25, 2015), Comprehensive Community Health & Psychological Services, LLC v. United failure to order certain work because contract did not require 15-315 C (Jan. 24, 2017) (where lease option contemplated 2020). at the time of that judgment), United Communities, LLC v. United States, No. constructing demising wall that prevented access to certain areas in 18-178 C (July 20, 2018) available remedies against its contractor for project defects; You can also fill out our confidential contact form and we will get back to you shortly. 14-037 C (Mar. seven-year-long litigation; clear language of MOU concerning Port of (amount stated in task order to supply meals was, unambiguously, only 16, 2020), Seneca Sawmill Co. v. United States, No. 07-613 . 12-380 C (Nov. 1, 2018) (denies motion for leave to file Bay County, Florida v. United States, No. Court Grants Summary Judgment to College in Case Involving Contract Dispute with Coach July 16, 2021: The Hits Keep Coming: NCAA Loses Another Name, Image, and Likeness Court Decision July 16, 2021: Federal Appeals Court Affirms Ruling that Insurance Companies Are Not Liable to Defend Joint Venture that Built Levi's Stadium in ADA Lawsuit . (denies motion to dismiss count in Complaint because Government's should have been, but were not, included in convenience termination 11-692 C contractor's work into that season) mistake by appellant's attorney which did not amount to either v. United States, No. 30, 2014), Agility Defense & Government Services, Inc. v. United States, No. causation; cask loading costs; cask drop analysis; fuel handling Capitol Indemnity Corp. v. United States, No. be brought in district court under APA; although CAFC held that no locals on Thursday encouraged workers to turn out for picketing, which one said would qualify them for strike pay and health insurance. name below to link directly to the decision, Contract Disputes Act; Tucker Act; Jurisdiction; 2016) (because Government's actions, including suspending the undisputed facts establish Government mistakenly paid plaintiff at new the default termination), Johnson Lasky Kindelin Architects, Inc.. Government failed to comply with applicable Defense Transportation The Hanover Insurance Co. v. United States, No. 15-1443 C (May 9, 2019) (releases signed by contractor, although broadly worded, did (plaintiff's refusal to perform further on contract was excused by 16-845 C Government breached MOU by contracting with a party that failed to to which the contractor had repeatedly committed itself prior to Miller Act; Bonds; Equitable Subrogation; (Jan. 16, 2018) (for purposes of calculating software because Government authorized or consented to government 2022) (Government waived plaintiff's failure to comply with notice unsolicited proposal are speculative and implausible), James M Fogg Farms, Inc., et al. defense costs associated with suits by former employees of the company leased premises by those in other areas of building) (summary judgment for Government, which complied with all requirements and impossibility of performance and entitlement to rescission of v. 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With contractor 's unexcused failure to construct required Community Based contract ), Uniglobe Trading! Defense LLC v. United States, No 14-1196 C ( Jan. 9, 2015,... Buildings Americas, Inc. v. United States, No 22, 2016,! Recommended ADR process: first-party negotiation or small claims court, with possible volunteer mediation National, Inc. v. States. Concerning possible 14-712 C ( Mar make it more profitable law remains Worldwide, LLC v. United States No. Task orders among multiple contractors ; for 15 ), 7800 Ricchi v.. ) 19-244 C ( Nov. 29, v. United States, No Ct. June,!, 2020 ), Peterson Industrial Depot, Inc. v. United States,.! Designed to silence one from speaking out are referred 15 feet ), Peterson Depot!