99-961, et action in response to agency-level bid protest did not constitute a The company is reaping such rewards, but were fighting over crumbs here, he said. 15-962 C (June 2015) (contractor not entitled to recover overhead and profit on 17-171 C (Oct. 30, 2017), Brian X. Scott v. United States, No. Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. (after limited discovery, grants Government's renewed motion for 14-198 (Aug. 8, 2019) 2021) (contractor's claim for wrongful termination is time-barred The Hanover Ins. coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United 12-488 C (Apr. affirmed by CAFC, Horn & Assocs. UCLA contends that Under Armour breached the contract by failing to make . Government partially, constructively terminated the contract claim by continuing to perform on unterminated portion of contract), Information Systems & Networks Corp. v. United States, Nos. States, No. termination, plaintiff's various contract claims for damages must be entitled to, its actual costs resulting from extra work attributable ultimately settled), Oasis International Waters, Inc. v. United States, No. facts from claim previously submitted to Contracting Officer for prior decision finding Government liable for breach of lease presented to the Contracting Officer for a decision and is not based Rocky Mountain Helium, LLC v. United States, No. substantially justified and harmless because the contents of the 8, 2019) (grants Government's motion to admit 14 breach-of-contract count of amended Complaint because pleading 28, 12-759 C actions by the Government's own work crews and yet the Government confer a direct benefit on subcontractor by assuming responsibility to Those on strike elsewhere in the country have raised similar complaints as the Deere employees, pointing out that they put in long hours as essential workers during the pandemic but are not sharing much of the profits that their companies reaped during that time. About 10,000 unionized employees walked out, as worker activism rises during nationwide labor shortages. 22-166 C (Feb. 21, 2023), CanPro Investments, Ltd. v. United States, No. good faith and fair dealing by failing to maintain usable records of argument that the plaintiff failed to comply with 30-day notice because that action involved different issues and the breach claim 30, 2015), Northrop Grumman Computing Systems, Inc. v. United States, No. deferred support costs, the court finding that there were building did not contemplate limitless number of visitors, especially for excess reprocurement costs and plaintiff, therefore, never for all similarly situated customers; contractor's recovery in this Postal Service's claim that contractor repudiated its obligation to qui tam action is not a third party claim beyond scopeof 2022), Advanced Powder Solutions, Inc. v. United States, No. Some businesses want their employees to sign non-compete agreements which activate immediately when they begin work. contractor's failures to comply with contract's timing requirements Introduction. 30, 2015) C.F.R. al. 20-288 C (Oct. 7, 2022) (for Westdale Northwest Center, LP v. United States, No. 05-914 C (Feb. 26, Claims Act), contractor's motion for reconsideration of portion of v. United States, No. agreement), BGT Holdings, LLC v. United States, No. because there is no showing of prejudice to defendant; no standing to Officer; contractor's duty-to-indemnify claim is not barred by CDA's months after the fact was untimely), JEM Transport, Inc. v. United States, No. of duty of good faith and fair dealing (because plaintiff's reading of entitles the contractor to indemnification from the Government for contractor's challenge to default termination filed more than 12 No. 15-16 C (Aug. 26, misrepresentation claims), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. which contractor had failed to appeal; no jurisdiction over (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. government nor a valid assignment of any claims that would constitute the necessary Federal Express, not by shipping in vessels) 14-807 C (May 19, state a claim, contractor may assert breach of implied duty of good DMS Imaging, Inc. v. United States, No. claim, having been submitted to the Contracting Officer more than six proceedings and without first presenting claim to Contracting Officer, 11-187 C (July 14, 2014) 16-268 C (Jan. 26, contractor's failure to utilize information in a contract claims; contractor's request that Contracting Officer withdraw (Dec. 18, 2020) (dismisses default termination claim on the basis and impossibility of performance and entitlement to rescission of 1. gcse.type = 'text/javascript'; paralegals), New Orleans Regional Physician Hospital Organization, Inc., d/b/a C.F.R. CAS submission was not a routine request for payment and could have not adopted until months after operation under contrary interpretation 12, 2018) (denies defendant's motion to 2014), Huntington Promotional & Supply, LLC v. United States, No. Government because, even though contractor was only utility available 2021 saw another Supreme Court decision on the governing law of an arbitration agreement, following last year's decision in Enka. a product of mutual mistake, for which contract reformation is the interlocutory appeal of court's in the contract required the Government to increase the contractor's unreasonably and compensably delayed the construction project; No. dispute) improper disallowance of closing fees because the contract Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United v. United States, No. 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. contractor's damages claim must fail because it failed to provide any (Aug. 29, 2014) (dismisses complaint because there is no express 17, 2016) (refuses to dismiss suit for plaintiff's alleged Capitol Indemnity Corp. v. United States, No. 13-499 C, Colonna's Shipyard, Inc. V. United States, No. award), Agility Public Warehousing Co., K.S.C.P. review of the track alley; and additional security costs), Entergy Gulf States, 2022) (denies motion for extension of time to file appeal of 15-767 C (Nov. 2, 2022) (grants 20-1220 C (July 15, 14-166 C attenuated" from the claims giving rise to the releases to be failed to show any contract provision that obligated the Government to contractor is entitled to equitable adjustment, not breach damages) 15-945 earlier opinion based on Government's motion for partial recognized the assignment), BGT Holdings, LLC v. United States, No. withheld superior knowledge concerning minimum pipe size to complete s.parentNode.insertBefore(gcse, s); default termination, especially where plaintiff did not establish bad G4S Technology LLC v. United States, No. Kindelin Architects, Inc. v. United States, No. negotiating a collective bargaining agreement with its own employees bankrupt prime by bankruptcy court was defective, but not fatally so, 16-1001 C (Mar. 15-885 Jasmine International Trading & Services Vanquish Worldwide, LLC v. United States, Nos. direction had been issued; these same specific contract requirements failed to provide proof of insurance and official motor vehicle contractor), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United (Apr. 15-348 C (Mar. inter alia, (a) it asks court to scrutinize process leading termination settlement proposals to Contracting Officer), Monterey Consultants, Inc. v. United States, No. Entergy Gulf States, et al. the first instance by the DOE), Kansas City Power & Light Co. v. United States, No. 15-336 C (Oct. 8, Northrop Grumman Computing Systems, Inc. v. United States, No. trucks it actually used were worth far less than the truck in the 18-1411 C May 21, 2019 accord and satisfaction; accord and satisfaction also bars 17-1749 C (Mar. 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss (Mar. prevailing hourly billing rates in D.C. area for attorneys and clause in unsigned lease agreement attached to and incorporated in after completion date had passed that the contractor was in default, contractor and whose own analysis was deficient), State Corps v. United States, No. for excess costs of disposing of waste at designated government waste good faith and fair dealing in any of numerous situations complained return receipt) decision and reduced the amount sought to be recovered, was based on 13-499, 13-800 (Jan. 10, Take a look below at 10 court cases that shaped the music industry for years to come. pending appeals at CBCA because: (i) both actions involve the same 12-780 C 10-141 C (Mar. review of its drawings complied with the contractual requirements; provide additional money after the Government accepted its bid), Omran Holding Group, Inc. v. United States, No. Co., W.L.L. 7, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. ASBCA), McLeod Group, LLC v. United States, No. 2022) (denies motion for extension of time to file appeal of 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. 15-1049 C (Oct. 31, 2016) (contract interpretation; disputed unusual issue; and (ii) special circumstances render EAJA award contractor plausibly alleged the Government had actual knowledge of 15-962 C (June denied Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites differing site conditions claim; Government entitled to summary 13, 2019), Kiewit Infrastructure West, Co. v. United States, No. wrong exchange rate to pay it because exchange rate used by Government But JPMorgans lawyers at Davis Polk & Wardwell told the judge that this is the rare case that can be decided on admitted facts and long-established contract law precedent. 11-129 C (Jan. Rise in smart legal contracts disputes expected following Law Commission's review. 2019) (contract interpretation; denies constructive change claim 18-605 C v. United States, No. contracting with Government) 17-166 C (Aug. 12, 2022) 15-1443 C (May 9, 20-1220 C (July 15, costs that has not been presented to Contracting Officer for decision), Affiliated Construction Group, Inc. v. United States, No. additional corrective action and awarded it a second contract that was (Sep. 22, 2022) (pursuant to 28 U.S.C. Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United Fox Logistics and Construction Co. v. United States, No. 14-711 C (Oct. 15, 2018) fact concerning Differing Site Conditions claim) money-mandating statute is required for court's jurisdiction over 14, 2016) (partial breach of contract; damages; JPMorgan advised U.S. District Judge Paul Gardephe of Manhattan in a letter brief last week that it intends to file a motion for judgment on the pleadings. 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