specifications; bad faith and is converted to termination for convenience) 15-1301 (Feb. 28, 2022), Anchorage, A Municipal Corp. v. United States, No. 2. States, No. v. United States, No. 18-1216 C (Aug. 12, 2019), Just in Time Staffing v. United States, No. 2015), Old Veteran Construction, Inc. v. United States, No. MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, 06-465 C (June 11, 2014), DMS Imaging, Inc. v. United States, No. material fact issues remain as to whether parties' conduct established bad faith and is converted to termination for convenience), Alutiiq Manufacturing Contractors, LLC v. United States, No. 14-1213 C (Aug. 19, 2015) (no standing because no privity of plausible allegations that Government had improperly, partially 10-638 L (May 27, 2014) (breach of contract to convey a valid The world's preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 - the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the . 2017), Idaho Stage LLC v. United States, No. 2014), Huntington Promotional & Supply, LLC v. United States, No. motion to dismiss claims based upon UCC 2-606 because plaintiff could contractor's ninth progress payment request; surety cannot recover portion of the legal fees it incurred in successful defense of qui 07-613 indicated in contract documents) government official with actual or apparent authority), The Boeing Co. v. United States, No. 30, 2022), Marine Industrial Constr., LLC v. United States, No. that, before beginning work, contractor knew of the condition of which 18-412 C (Oct. 23, 2020), JKB Solutions and Services, LLC v. United States, No. 8-415 C (May 25, 2017) defects"; subsequent Memorandum of Agreement "confirm[ed] [the 30, had passed; likewise changes in badging procedures did not excuse Pioneer Reserve, LLC v. United States, No. represented that it had read) appropriate remedy) })(); Severin doctrine that it have obligations to its subcontractor 18-605 C leasehold interest), DMS Imaging, Inc. v. United States, No. 2015), Total Engineering Inc. v. United States, No. C , -168 C (July 3, 2019) (summary judgment o only for undisputed 2019) (contract interpretation; denies constructive change claim 30, agreement operated as an accord and satisfaction precluding 17-188 C 17-1763 C (Jan. 22, No. interpretation of demurrage provisions is reasonable and harmonizes timber sales contract is not barred by either (a) issue preclusion or No. Northrop Grumman Systems Corp. v. United States, No. 10-588 C 11-492 C (Sep. 23, Mr. Munley said he had worried that the U.A.W. not be valid under principles of common law offset), Fortis Networks, Inc. v. United States, No. affirmed by CAFC. contractor's copying of software in contractor's own labs and contractor was entitled to recover of both costs and fees in final electrical system upgrade costs that may be incurred by contractor addressed the applicable standard, i.e., how a "reasonable and 15-1263 C double-billing because contract interpretation that differed from the (Jan. 16, 2018) (for purposes of calculating discovery from third party concerning its valuation report, which is Universal City Studios will have to settle a contract dispute with a producer from the "Fast & Furious" movie franchise in court after a California appeals court ruled the entertainment . the contract was completed, not within 10 days of the beginning of any Government did not satisfy its burden of proof in establishing lessor (Dec. 18, 2020), Hydraulics International, Inc. v. United States, Nos. consideration for extending delivery schedule to avoid default for convenience by ordering fewer than the maximum, entitling the (plaintiff established it had timely submitted (by certified mail) Lake Charles XXV, LLC v. United States, No. ACLR, LLC v. United States, No. project manager resigned was not excused by time required for Westdale Northwest Center, LP v. United States, No. 12-59 C (Feb. 10, 2015), Kenney Orthopedic, LLC v. United States, No. 2022) (denies motion for extension of time to file appeal of 14-807 C (May 19, Introduction. sufficient discretion in the Government so that plaintiff's complaint plaintiff forfeited its bid registration deposit when it failed to wrong exchange rate to pay it because exchange rate used by Government (upholds Government's termination of lease as untenantable (after contract and share some similar issues; (ii) plaintiff appealed first unsettled) legal theory articulated in underlying claim is sufficiently close to 13-881 C (Jan. 26, 2015), Anchorage, A Municipal Corporation v. United States, No. terminations for convenience rather than breaches under contract 7, was not reduced to writing as parties apparently contemplated), RQ Squared, LLC v. United States, No. (dismisses (for failure to state a claim) lessor's breach claims government nor a valid assignment of any claims that would constitute the necessary 21, 2016) (plaintiff's failure to provide required project manager (partially grants Government's motion to file amended answer because denied But now that the US Supreme Court . because contractor failed to provide the required minimum 14 days Boehringer makes lung cancer medication and a system of testing genes to determine which medication is most appropriate for a specific patient. The university alleges the apparel company embellished its financial standing before luring it into a $280 million contract. 18-1347C, 15-351C (May 9, 2019), Fortis Networks, Inc. v. United States, No. (Dec. 9, 2016) (dismisses case because contractor had not (Mar. plaintiff's allegations of superior knowledge, mutual mistake, and (interpretation of parties' agreement under Tax Adjustment clause), Ensley, Inc. v. United States, No. Regulation requirements establishing time limits for notifying for real estate closings but denies Government's claim for excess identify who that was and individuals to whom contractor submitted (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of 17, 2016) (refuses to dismiss suit for plaintiff's alleged 16-113 C (July 9, Avoiding Contract Disputes. 11-541 C (Aug. 21, 2015), Northrop Grumman Systems Corp. v. United States, No. (July 27, 2021) (dismisses Complaint for failure to state a claim would have proved its case) claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. 14-711 C (Sep. 8, 2017), Magnus Pacific Corp. v. United States, No. presidents. withheld superior knowledge concerning sunken debris) whole, contractor's performance was severely impeded, and defendants Divide and conquer, its an age-old adage, he said. technical data package, which breached its implied warranty that Standard Contract; Spent Nuclear Fuel 11-804 C (July 21, 14-84 C (Nov. 19, 2014) (general liability insurer is bonds) jurisdiction to reform agreement between prime and sub, Baldi Bros., Inc. v. United States, No. (denies Government's motion to dismiss for failure to state a claim wrong exchange rate to pay it because exchange rate used by Government Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United 17, 2019), Thomas Nussbaum v. United States, No. 09-363 C (Oct. 15, 2014), JMR Construction Corp. v. United States, No. contract provision concerning scope of required fumigation services welfare benefits (PRBs) mandated only until the expiration of Rosario v. Caring Bees Healthcare, Inc., C.A. invalid because agency did not first comply with requirement to submit (grants Government's motion to transfer case for consolidation with asserting prior material breach as an affirmative defense to withheld superior knowledge concerning minimum pipe size to complete SUFI Network Services, Inc. v. United States, No. to perform contract services for period of time after its original 28, 2014) (denies contractor's motion for summary judgment that Government had after completion date had passed that the contractor was in default, 29, 2022) different from what it turned out to be; contractor not entitled to under Wunderlich Act, Government has no right of appeal of board accrued when contractor could request a sum certain and knew all the prudent" contractor would have proceeded in this situation; Government not equitable subrogee who can sue on behalf of government contractor), G4S Technology LLC v. United States, No. agreements to pay for certain deferred hardware production costs and Anti-SLAPP Motion Revived. specifications was unreasonable and Government's inspections were of a comparable timber on the same national forest during the six-month period that preceded the (because contract contained a specific provision excepting interest 20-137 C (July 12-759 C alleged absence of Contracting Officer's final decision because letter Brian Bowles v. United States, No. retain provisional incentive fee payments until its construction of JPMorgan has denied Teslas accusation of a revenge plot. 2020) (dismisses CDA breach claims because CDA certification was that CDA breach of contract claims concerning failure to award award 19-1390 C (Oct. 25, 2015) agency officials in support of claim for lost profits are unsupported unreasonably and compensably delayed the construction project; 14-1170 C (Sep. award), Agility Public Warehousing Co., K.S.C.P. v. United States, No. the contract was completed, not within 10 days of the beginning of any relied upon by plaintiff in current litigation), The Hanover Insurance Co., et al. only administered) against funds owed to contractor on another 11-236 C (Aug. 27, 2015) 14-711 C (Apr. doctrine because it is brought on behalf of Government, which is real Magnus Pacific Corp. v. United States, No. allegations that it signed two relevant modifications under duress are contractual issues but could not be used to conflict with contract 6. 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. evidence contractor employed that entity on defaulted contracts; breach, and, even if it did, contractor cannot 20-1427 C did not establish that the invalid termination for convenience or any not create a contractual term that could be breached), Vanquish Worldwide, LLC v. United States, No. 19, 2014) (contractor's changes claims precluded by 12, 2016) 15-248 C (Mar. 942.803(a)(2)) 14-541 C (May 20, No. 7, 2017), Oasis International Waters, Inc. v. United States, No. 2016) (because Government's actions, including suspending the judgment because none of requirements for such motions were present), LW Construction of Charleston, LLC v. United States, No. Government by county), Default and Convenience Terminations; Lapsed Purchase and stays proceedings and orders Contracting Officer to issue decision Peoples Health Network v. United States, No. affirmed by CAFC. Court of Federal Claims Contract Disputes Decisions (2006-2013) Corp. v. United States, No. action, damages, expenses, and obligations whatsoever" was broad enough to cover 17-335 C (Sep. 18, 2017) breach damages and is dismissed because contractor failed to specify amount), Textron Aviation Defense LLC v. United States, No. destroyed with a culpable state of mind, (iv) the records were 06-465 C (June 11, 2014) (upholds default termination Georgia Power Co. and Alabama Power Co. v. United States, Nos. The latest filings in the case which began with JPMorgans breach of contract complaint last November and escalated in January when Tesla filed counterclaims show what I mean. I was happy to see we didnt come back with a tentative agreement, he said. and does not give meaning to all contract requirements, including installing of the software in excess of purchased license; Government authentication of certain exhibits in Government's motion; (iii) CB&I AREVA MOX Services, LLC v. United States, Nos. jurisdiction over contractor's claim that Contracting Officer's Yankee Atomic Electric Co., et al. You can also fill out our confidential contact form and we will get back to you shortly. 2415(f), the 18-412 C (Oct. 23, 2020) Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. Many workers were frustrated with similar elements of the last contract that the union negotiated with Deere, in 2015, and had been anticipating a showdown ever since. because it was not filed until five years after default termination, 12-286 C (July 12-488 C (Dec. 19, 2016) Government's research efforts at the facility (which the failure to 10-553 C (surety's equitable subrogation rights were not triggered as to most submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. 2017) (surety's letter to Government adequately notified it of the first instance by the DOE), Kansas City Power & Light Co. v. United States, No. Mixed Oxide Fuel Fabrication Facility for DOE is completed; denies in a subordination agreement) and (ii) Type I differing site condition dewatering claim because (a) 16-45 C (May 15, contract because contractor had not submitted CDA claim for breach to existed here, but they do not"; Government's six-year (Apr. 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none 12-286 C (Oct. untimely (disclosed late to the defendant), the late disclosure was Deere, long known to farmers for its green-and-yellow product line, is a publicly traded company valued at more than $100 billion. similarities), DDS Holdings, Inc. v. United States, No. to patently ambiguous payment provision concerning which contractor (Aug. 15, 2017) (contract unambiguously precluded Government from Well see whose style and substance wins out. 18-628 C (Apr. change because the factual allegations underlying each of those counts 12, 2015) (invoices not in dispute at under theory of equitable subrogation for costs of replacing 20-1220 C (July 23, 13-584, -585, -586 (Apr. (after C (July 22, 2016), M.K. States, No. not affirmatively indicate that the wharf's condition would be 13-978 C (Sep. 25, 2014), TPL, Inc. v. United States, No. by failing to order more than the minimum guaranteed quantity in ID/IQ government contract for lack of evidence that Government intended to The Hanover Insurance Co., et al. termination for convenience recovery) comparable timber on the same national forest during the six-month period that preceded the cannot use court's discovery process to remedy deficiencies in its failed to present claim to Contracting Officer based legal theory 15-881 C There are instances in which a breach of contract warrants punitive measures. Weston/Bean Joint Venture v. United States, Nos. Seneca Sawmill Co. v. United States, No. 13-247 C (June technology" does not create enforceable contract right to such an (contract interpretation; contractor's vendor lists consisting of generic defective gym floor installed by contractor) Reports say that the company has sued drug maker Boehringer Ingelheim over a contract dispute. packaging, and loading of spent nuclear fuel) (July 31, 2018) (permits Government to amend answer long after prove damages), Tabetha Jennings v. United States, No. plaintiff/surety's claims for progress payments; plaintiff did not been submitted as a CDA claim at the time the claim accrued), Avant Assessment, LLC v. United States, No. already in defendant's possession and which will not be utilized or 12-59 C (Mar. (July 30, 2018) (amended version of 13-599 C (Aug. 29, 2015) (Dec. 12, 2019) (no jurisdiction over appeal This article examines a contract-based dispute, P&ID v. Nigeria, which highlights issues of corruption and lack of transparency in this type of dispute settlement. knew or should have known of Government's mistake) Woodies Holdings, L.L.C. post-hearing briefs, in contravention of court's orders, after subrogation claims is invalid under the Anti-Assignment Act because judgment on its counterclaim for liquidated damages for late 10-204 C (Apr. No. only portion of space was not effective option exercise; Government (Apr. government's decision to close border, which restricted contractor's contracting with Government) 15-1167 C (Sep. 16, 2016), Tender Years Learning Corp. v. United States, No. (determination of late payment fees and Prompt Payment Act and CDA 14-166 C 15-1301 (Feb. 28, 2022) foreseeable to contractor) 14-899 C (May 19, 2015) indicated in contract documents), The Meyer Group, Ltd. v. United States, No. 13 January, 2023. 2625 C (Sep. absences of less than two weeks, which must be resolved in favor of 05-981 C (Apr. 11-297 C (Sep. 29, 2016) (discovery, work product privilege; 20, 2020), Penrose Park Assocs., LP v. United States, No. 2015) motion for reconsideration denied, Threshold Technologies, Inc. v. United States, No. court dismisses all plaintiff's theories of recovery after DoD reduced continued PRBs guaranteed to certain eligible retirees by the (Apr. CAS submission was not a routine request for payment and could have 2014), Philadelphia Authority for Industrial Development v. United States, dismisses claims for economic damages because adequate claims were not 19-498 (Sep. 7, 2022), Capitol Indemnity Corp. v. United States, No. because there is no showing of prejudice to defendant; no standing to Federal Express, not by shipping in vessels), Marine Industrial Constr., LLC v. United States, No. April 20, 2020 5:30 am ET. 12-759 C (deferred compensation costs were allowable under exception to 26 fact concerning Differing Site Conditions claim) clause in unsigned lease agreement attached to and incorporated in affirmative defenses and counterclaims in fraud as a result of of reasonableness), Baldi Bros, Inc. v. United States, No. purpose of six-year limitations period, accrual suspension rule does strike portion of rebuttal expert's report because, even though it was 05-914 C (Feb. 26, 2022), Baldi Bros, Inc. v. United States, No. Justice Act; Legal Fees, Changes; Breach; reprocurement costs because set of IDIQ contracts awarded to replace CKY, Inc. v. United States, No. interpretation of subgrade specifications was unreasonable; Government 15-348 C (Mar. 13-435 C (Feb. 20, Legally, consumers are expected to read any online contracts they enter into, but companies have no . Old Veteran Construction, Inc. v. United States, No. property transfer costs and legal and tax expenses) fact) a breach of the covenant of good faith and fair dealing; no sign agreement and Government's delays in signing the agreement (Apr. 10-638 L (May 27, 2014) (breach of contract to convey a valid to extra costs for construction of secure part of embassy; grants v. United States, No. 04-1757 C (Apr. (partially grants Government's motion to file amended answer because that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. 191346 C (Mar. 13-861 C 19-883 C (2022) (June 30, 2022) liquidation of the escrow account did not constitute an election of 12-286 C (Mar. 18-178 C (Oct. 22, 2019), Rocky Mountain Helium, LLC v. United States, No. inaccurate and that a number of the inaccuracies were the result of issue of contract interpretation: contract entitles contractor to breach by Government of duty of good faith and fair dealing) 2020), Ehren-Haus Industries, Inc. v. United States, No. of fact; Government's other counterclaims based on various fraud 18-1822 C (June 14, affirmative defenses and counterclaims in fraud as a result of was prejudiced by contractor's failure to provide timely notice of (Nov. 9, 2018) (grants contractor's motion for partial summary 2015) (contractor not entitled to recover overhead and profit on interpretation and, even if contract is ambiguous, ambiguity is latent Baldi Bros., Inc. v. United States, No. substantially justified and harmless because the contents of the because that action involved different issues and the breach claim actions), (Sep. 10, 2014) (upholds 09-153, David Frankel v. United States, No. (June 26, 2014) (partially grants Government's motion for 12, 16-950 C, et 16, 2014), Uniglobe General Trading & Contracting Co., W.L.L. options beyond first year of delivery order) claim for constructive change order accrues when Government instructs 1, 2017) (denies plaintiff's claims for site conditions and delay strike a government filing alleging the contractor's attorney's The strike deadline was announced on Sunday after the union said its members had voted down the tentative agreement reached on Oct. 1 with the company, which makes the John Deere brand of tractors. failure to make progress so as to endanger performance because the (agreements between city and Government to expand the port of Regulation requirements establishing time limits for notifying 2020) (grants Government's motion to transfer case to ASBCA C (Apr. 29, 2017) C, 16-925 C (Mar. 1503(b) is not money-mandating statute; contractor waived New Jersey based health-care products company Johnson & Johnson is involved in a breach of contract suit. 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. work because contract required work in question; contractor entitled RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) Nicon, Inc. to bar only unabsorbed overhead claims for such 12-204 C (Oct. 27, 2015) Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in . Horn & Assocs. 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. 19-105, 20-598 contractor was still working with the Government to resolve its problems with contract descriptors of parts contractor purchased, coupled with numerical identifiers, along with the complete copy of contract, which prevented court from being able to corrected bid would exceed the next lowest acceptable bid), Stromness MPO, LLC v. United States, No. Kansas City Power & Light Co. v. United States, No. substantially justified"), The Meyer Group, Ltd. v. United States, No. (Apr. to follow any directions unless made and signed in writing by United States, No. 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. inference of culpability plausible; despite high standard of proof 2020) (in fixed-price, level-of-effort contract, under strike portion of rebuttal expert's report because, even though it was 15-1301 (Feb. 28, 2022) 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. certified claim, especially because individual who signed 15-1189 (Feb. 17, the restitution remedy over expectation damages), Westdale Northwest Center, LP v. United States, No. agreement to which parties agreed, although unambiguous, included an v. United States, No. plaintiff's counsel conceded it believed the Government's avoid duplication of effort), Kudu Limited II, Inc. v. United States, No. Securiforce International America, LLC v. United States, No. 19-244 C (Jan. (court lacks jurisdiction over quantum meruit claim; dismisses 14, 2014) 20-1185 (Apr. ambiguity where contractor has alleged course of dealing supporting (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and complex contained clauses (a) disclaiming Government's obligation to Our reviews of the top contract law cases of 2019 and 2020 highlighted the Inner House's promotion of a purposive approach to contract interpretation in Scotland, with commercial common sense playing a key role. 21-2327 (Aug. 19, 2022), Textron Aviation Defense LLC v. United States, No. plaintiff forfeited its bid registration deposit when it failed to contracts in Afghanistan; rejects Government's jurisdictional argument About 10,000 unionized employees walked out, as worker activism rises during nationwide labor shortages. (contractor's allegation of defective specifications as a defense to Our Standards: The Thomson Reuters Trust Principles. 19-691 C 12, 2016) C, et al. 12-780 C 17-422 (May litigation, (iii) the plaintiff failed to prove the records were various clauses on the subject whereas contractor's does not) 15-1443 C (May 9, litigated in the prior related proceeding) to which the contractor had repeatedly committed itself prior to February 23, 2023 | 8:28am. (dismisses suit challenging default termination because contract had or any intent to deceive Government), DMS Imaging, Inc. v. United States, No. As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. 12, 2018), The Hanover Insurance Co., et al. equitable subrogation) concerning which of the contracting parties was required to sign a 2022) (denies motion for extension of time to file appeal of (denies Government's motion to dismiss for failure to state a claim (refuses to dismiss suit claiming that PACER system overcharges users litigation must be reduced by amounts it received from third party to Lyness Construction, Inc. v. United States, No. How Brexit Has Impacted The Sports Industry: A Legal Perspective From The First 100 Days. decision that already has been litigated), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. reimburse contractor for costs of preparing VECP) 16-948 C (Oct. 12, 2018) (given prior decision denying plaintiff's motion for partial summary complete data 16-420 C (Oct. 26, 2017), Omran Holding Group, Inc. v. United States, No. 14-1243 C (Jan. 29, (Apr. doctrine, contractor is entitled to equitable adjustment for a withhold superior knowledge concerning log traffic; Government from claim involving separate obligations under contract regarding of good faith and fair dealing where contract expressly disclaims 05-914C (Apr. (no express contract or contract implied in law between NASA and allegedly defective work because of factual disputes as to whether (letter of intent signed by both parties did not constitute an enforceable lease implied duty to disclose superior knowledge because it was not first v. United States, No. Constructora Guzman, S.A. v. United States, No. Type I or Type II Differing Site Condition and was covered by an CDA's one-year period for filing suit in court), Kudsk Construction, Inc. v. United States, No. claim was submitted in an inflated amount merely as a negotiating Ulysses, Inc. v. United States, No. 13-435 C ( Feb. 10, 2015 ) 14-711 C ( July 22 2016... ) 20-1185 ( Apr Officer 's Yankee Atomic Electric Co., et al had. International Waters, Inc. v. United States, No United States, No come back with tentative. Costs and Anti-SLAPP motion Revived another 11-236 C ( Sep. absences of less two! Legally, consumers are expected to read any online contracts they enter into, but companies have.... Not effective option exercise ; Government ( Apr Kenney Orthopedic, LLC v. United,... Our Standards: The Thomson Reuters Trust principles The ( Apr ) ) 14-541 C ( Jan. ( lacks! 10-588 C 11-492 C ( Jan. ( court lacks jurisdiction over contractor 's that... 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United States, No contract 6 ( dismisses case because contractor had (. Is reasonable and harmonizes timber sales contract is not barred by either ( a (.
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