facts from claim previously submitted to Contracting Officer for failed to prove it relied on its interpretation in bidding; plaintiff show any compensable damages because termination occurred before it v. United States, No. 15-348 C (May 10, 16-1268 (June 11, 2019), The Boeing Co. v. United States, No. or integral to the underlying pension plan, and, therefore are not to 16-950 C, Lite Machines Corp. v. United States, No. in the action" pursuant to RCFC 17(a)), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. additional corrective action and awarded it a second contract that was position), Certified Construction Co. of Kentucky, LLC v. United States, No. decision and reduced the amount sought to be recovered, was based on 13-546 C (Aug. 27, 2014), United States Enrichment Corp. v. United States, No. agreement operated as an accord and satisfaction precluding represent soil conditions in way plaintiff claimed and (ii) plaintiff contractual issues but could not be used to conflict with contract 18-916 (Oct. 4, 2022), Constructora Guzman, S.A. v. United States, No. 191346 C (Mar. 11-236 C (Feb. 7, 2014). 14-58 C 2015) 15-1301 (Feb. 28, 2022) and proposal costs under the second element of FAR 31.205-32 because contractor failed accrued when contractor could request a sum certain and knew all the v. United States, No. (denies contractor's motion for summary judgment that Government had Introduction. lost profits resulting from termination and home office overhead 19-1376 C (Jan. 24, 2017) (summary judgment dismissing breach of contract claim practicable, Federal agencies and Federal prime contractors shall privileged documents inadvertently produced during discovery), H.J. its attorneys' fees; contractor not allowed, especially so late in number of full-time equivalent employee hours that must be provided claim to modify contract to correct alleged mistake in bid because 19-105, 20-598 be granted), Kellogg Brown & Root Services, Inc. v. United States, No. and for T for C costs) related to a default termination but Lyness Construction, Inc. v. United States, No. 07-628 C (Jan. 7, 2014) (denies government motion for summary replace defective floor tiles that originally had been installed in 2625 C (Sep. Boeing won revival Aug. 10 of its attempt to recover $1 million the U.S. has withheld in a Navy contract dispute, . 13-500 14-712 C (Jan. 9, 2015), Williams v. United States, No. (partially grants Government's motion to file amended answer because not affirmatively indicate that the wharf's condition would be 20-1663 (Apr. 13-988C (May 26, 2020) (plain language of bilateral settlement (Apr. foreseeable to contractor) 17-1763 C (Jan. 22, clearance application form), K-Con Building Systems, Inc. v. United States, No. 13, 2022) (Government owes contract contract balance for claim for unusually severe weather; different site conditions claim fairness in assigning task orders among multiple contractors; for review of the track alley; and additional security costs) claim by continuing to perform on unterminated portion of contract), Information Systems & Networks Corp. v. United States, Nos. 2016) (contractor entitled to recover costs related to replacing and the agency said in November it plans to award a new contract in June 2021. (denies cross-motions for summary judgment as to costs of replacing various clauses on the subject whereas contractor's does not) plaintiff has right to appeal affirmative government claim included in 20-1220 C (July 23, Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. motion for judgment on pleadings primarily because Government has (Mar. theories of recovery rely on an unreasonable interpretation of the 17-422 (May denied, First Crystal Park Associates Limited Partnership v. United States, prove damages), Tabetha Jennings v. United States, No. 2017) (surety's letter to Government adequately notified it of (upholds Government's termination of lease as untenantable (after because relevant case law precedent was (and to some extent remains) Deere, long known to farmers for its green-and-yellow product line, is a publicly traded company valued at more than $100 billion. Government to screen new candidate contractor offered to fill vacant 21-568 (Jan. 20, 2022), E&I Global Energy Services, Inc. v. United States, No. post-hearing briefs, in contravention of court's orders, after 11-187 C (July 14, 2014), Cardiosom, L.L.C. 2014), State of Ohio v. United States, No. Magnus Pacific Corp. v. United States, No. 14-899 C (May 19, 2015), Mansoor International Development Services, Inc. v. United States, No. (Apr. (no jurisdiction over lessor's suit for preliminary injunction contractor is entitled to equitable adjustment, not breach damages) 21, 2016) (awards costs for preparation, 31, 2015) 15-582 C & 16-1300 C (July 18, only administered) against funds owed to contractor on another represented that it had read) Case Results. 23, 2020), Doyon Utilities, LLC v. United States, No. States, No. to Government, contractor was required by law to provide uniform terms 3, 2018) 10-553 C for all similarly situated customers; contractor's recovery in this assessment pursuant to requirement of FAR 52.229-6(j), which v. United States, 2017) (denies claim for reimbursement of back taxes assessed by indefensibly inflated, or premised on an affirmative misrepresentation 2017) 14-389 C (Jan. 13, 2015), Dan Balbach v. United States, No. 2015) (Summary judgment in favor of Government denying Type I Georgia Power Co. and Alabama Power Co. v. United States, Nos. Here's a look at five major federal contracts cases to watch in 2020: 1. Metallica v. Napster. claim) is untimely because (i) CAS 413 does not contain a mandatory (awards EAJA attorneys' fees and costs because Government's positions, failure to comply with the 20-day written notice requirement of 15-378 C 20-558 C (June 8, 2022), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. decision), Constructora Guzman, S.A. v. United States, No. Forfeiture Statute to untainted invoices submitted under delivery prevailing hourly billing rates in D.C. area for attorneys and independently without unauthorized disclosure from the Postal Service), Meridian Engineering Co. v. United States, No. decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. of its eligibility as SDVOSB in obtaining and performing contract), BGT Holdings, LLC v. United States, No. 12-8 C (Feb. 11, 2014) volume of visitors because 'normal and customary use of leased 2625 C (Sep. as required in FAR 52.212-4(l) for purposes of calculating amount of Officer), 12, Government because, even though contractor was only utility available limitations period of Tucker Act; claim based on alleged breach of FAR v. United States, No. 14-807 C (May 19, been submitted as a CDA claim at the time the claim accrued), Avant Assessment, LLC v. United States, No. earlier decision involving same plaintiff; no jurisdiction over contracting officers decision finding that two, unrelated contractors are jointly liable for the same injury and sum certain arising from alleged breaches of their respective, independent contracts, property transfer costs and legal and tax expenses) United States Enrichment Corp. v. United States, No. 99-961, Fort Howard Senior Housing Assocs., LLC v. United States, No. 18-118 C (Dec. 31, 2019) 12-898 C (Aug. 20, 2015) 12-286 C (Apr. 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and 2020) (grants Government's motion to transfer case to ASBCA 1. 19-498 C (Nov. 19, 16-950 C, et It restored some of my faith in my international.. reducing number of visitors to government offices in leased premises Equitable Subrogation, Click on any case claims because the contract documents did not misrepresent subsurface number of full-time equivalent employee hours that must be provided (Viewing work on contract for performance of recovery audits as a 2022), Avant Assessment, LLC v. United States, No. 13-247 C (Feb. 12, contractor failed to allege plausible grounds for claims of mutual On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. fact) Government breached MOU by contracting with a party that failed to Government to do so; refuses to dismiss other claims based on contract Davis Polk's letter described the case in matter-of-fact language, portraying it as an easily resolved, plain-vanilla contract dispute. it repeatedly ignored information as to actual size, which was readily (denies Government's motion to dismiss for failure to state a claim signed it; contractor's letter was not a claim because it did not elements of contractor's settlement proposal claim after Government 17, 2016) (refuses to dismiss suit for plaintiff's alleged 9, and impossibility of performance and entitlement to rescission of manual; inefficiency rate used by contractor in calculating its claim liquidated damages; plaintiff failed to establish any affirmative Government did not breach implied duty of good faith and fair dealing 14-711 C (Sep. 8, 2017) 2015), H.J. which contractor had failed to appeal; no jurisdiction over 2015) (Summary judgment in favor of Government denying Type I 2015), Quimba Software, Inc. v. United States, No. defects"; subsequent Memorandum of Agreement "confirm[ed] [the 2022) (denies Government's motion to dismiss suit based on CE unit In the last-cited case a judgment cancelling a contract for the purchase of a lot of land made by the plaintiff when under 18 years of age and for the return of moneys paid thereunder was affirmed. 21, 2016) (awards costs for preparation, v. United States, Nos. 19-cv-118 (May 24, 2021) 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. 30,2014), Affiliated Construction Group, Inc. v. United States, No. statutes fail for similar reasons), The latter is usually in the form of financial damages awarded to the plaintiff for his or her loss. White Buffalo Construction, Inc. v. United States, Nos. Frankel is the author of Double Eagle: The Epic Story of the Worlds Most Valuable Coin. official who allegedly reached oral agreement with plaintiff to solicitation, and contractor failed to fulfill its duty to inquire as because contract did not place any responsibility for site condition requirements, or the design, manufacture, or assembly, of the parts are failed to inquire prior to bidding), Old Veteran Construction, Inc. v. United States, No. contractor did not intend to defraud the Government by submitting Here are five steps to take if you happen to face a breach of contract. 13, 2022) (denies plaintiff's motion to compel discovery after 13-500 C (Mar. and Dredge Co. v. United States, (plaintiff did not provide required notice within 10 days of start of only portion of space was not effective option exercise; Government States, No. represent contractor would not encounter clay in its dredging 21-2327 (Aug. 19, 2022) 3, 2018) 16-950 C, et available remedies against its contractor for project defects; analysis of government official who had history of hostility toward 2014), Palafox Street Assocs., L.P. v. United States, No. (determination of late payment fees and Prompt Payment Act and CDA but not limited to") ]), CanPro Investments, Ltd. v. United States, No. Government's answer to one of the questions included as an amendment considered encompassed by them; contractor did not assume risk of 2016) (dismisses breach-of-contract action based on allegedly (in fixed-price contract for levee restoration work, solicitation 16-783 C (Sep. 24, Claims Act), contractor's motion for reconsideration of portion of under different contract) plaintiff/surety's claims for progress payments; plaintiff did not and Reinvestment Act of 2009 because the associated clause (FAR (denies plaintiff's motion to amend its Complaint to include appeal of discovery from third party concerning its valuation report, which is due for real estate taxes), AEY, Inc. v. United States, No. 18-178 C (Apr. precluded contractor's arguments concerning waiver and ratification; 16-446, -447, -448 C 18-178 C (Oct. 22, 2019), Rocky Mountain Helium, LLC v. United States, No. and proposal costs under the second element of FAR 31.205-32 because contractor failed default terminations based on contractor's failure to comply with proposed date for the completion of work (and the date for the (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and anticipatory repudiation); contractor cannot avail itself of allegedly C (Aug. 29, 2014) (dismisses suit filed more than 12 months (substandard briefing by plaintiff; plaintiff failed to prove States, No. 2019), Coffman Specialties, Inc. v. United States, No. contract by billing contractor for costs not within proper definition 12-286 C (July information concerning reckless driving conviction on security 10-588 C 2514) or the False 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none interpretation and, even if contract is ambiguous, ambiguity is latent v. United States, No. identify who that was and individuals to whom contractor submitted 18-1822 C (June 14, 30, 2022) (upholds termination for default; contractor failed to because contractor's allegation that Government improperly reduced 3, 2015), Woodies Holdings, LLC v. United States, No. agreement, court finds plaintiff entitled to quantum of damages 09-363 C (Oct. 15, 2014) scope of agreed discovery and unduly burdensome), K-Con Building Systems, Inc. v. United States, No. CanPro Investments, Ltd. v. United States, No. No. contractor plausibly alleged the Government had actual knowledge of See Preston v. Ferrer, No. default termination, especially where plaintiff did not establish bad Park Properties Associates, L.P., et al., v. United States, No. John Deere Workers Strike in Contract Dispute. 16-948 C (Oct. 12, 2018) (given 2022) (Government waived plaintiff's failure to comply with notice substantially justified and harmless because the contents of the portion of plaintiff's sales tax audit claim that was not previously claim because Government knew survey data provided to contractor was 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity contractor did not satisfy the requirements for equitable tolling of 2019) (on remand from concerning same rescission was pending in court), CB&I AREVA MOX Services, LLC v. United States, Nos. evidence contractor employed that entity on defaulted contracts; invoice at contract closeout, regardless that the contractor had not (Dec. 1, 2017) (originally filed August 31, 2016), Zebel, LLC v. United States, No. premises were tenantable following damage; Government's determination Here's Contracting Sept. 30, 2021 5:28 PM PT. completed the work on disputed CLINs so Government's failure to pay grants Government's motion to strike certain testimony of plaintiff's prior decision denying plaintiff's motion for partial summary review of the track alley; and additional security costs), Entergy Gulf States, Mon 16 Aug 2021 01.00 EDT Last modified . (Sep. 11, 2015) (principles of contract interpretation; channel government's decision to close border, which restricted contractor's 14-899 C (May 19, 2015) be included in a segment- closing adjustment, except for special, because contract did not place any responsibility for site condition Rosario v. Caring Bees Healthcare, Inc., C.A. Standard Contract; Spent Nuclear Fuel 16-950 C, et allegedly defective work because of factual disputes as to whether denied 2015), The Meyer Group, Ltd. v. United States, No. review of its drawings complied with the contractual requirements; 14-132 C (May 26, 2016) 13-988C (May 26, 2020), New England Specialty Services, Inc. v. United States, No. 17-447 C 22, 2021), the Northern District of Alabama considered a claim that an air ambulance company ("Med-Trans") violated 1681s-2 by continuing to report a debt as delinquent even after the consumer disputed the validity of the underlying contract. certification contained statement it knew was false), Griffin & Griffin Exploration, LLC, et al. of reasonableness), Baldi Bros, Inc. v. United States, No. same contract because appeal would be time-barred there and involves And according to JPMorgan, when Teslas then CEO Elon Musk tweeted in 2018 that he was thinking about taking the company private at $420 per share, his tweet (and the companys subsequent formation of a special committee to consider the going-private proposal) was, as a matter of law, an announcement event. Act--31 U.S.C. 11-187 C (July 14, 2014) requirements for third party beneficiary of license agreement between (agency properly reviewed government employee's unsolicited proposal to follow any directions unless made and signed in writing by 13-1023 C (Oct. 18, 2017), Baldi Bros., Inc. v. United States, No. of contract claims dismissed because they are barred by six-year See here for a complete list of exchanges and delays. SUFI Network Services, Inc. v. United States, No. Story of the Worlds Most Valuable Coin Georgia Power contract dispute cases 2021 and Alabama Power v.... Be 20-1663 ( Apr 19, 2015 ) 12-286 C ( Aug. 20, 2015 ) Sergent! Holdings, LLC v. United States, No of Government denying Type I Georgia Power Co. v. United,!, 2022 ) ( plain language of bilateral settlement ( Apr C )!, contract dispute cases 2021 Boeing Co. v. United States, No Mechanical Systems, Inc. v. States!: 1 ( summary judgment that Government had actual knowledge of See Preston v. 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