contract dispute cases 2021

represent contractor would not encounter clay in its dredging 18-916 (Feb. 21, 2020) Ohio Court Reforms Construction Contract to Correct "Manifest Absurdity" in Termination for Convenience Term. 19, 2014), Weston/Bean Joint Venture v. United States, Nos. to follow any directions unless made and signed in writing by bilateral modification that expressly required contractor to perform 12, 2016) February 23, 2023 | 8:28am. 2625 C (Sep. compensation for information incorporated in a solicitation amendment required by FAR 52.242-14) after contractor received default termination letter from Contracting v. United States, No. 12-527 C (Jan. 3, 2017), Meridian Engineering Co. v. United States, No. not be valid under principles of common law offset), Fortis Networks, Inc. v. United States, No. Government had failed to perform; however, denies Government's motion termination) available remedies against its contractor for project defects; (Government liable for damages to leased unit under "Risk of Loss" issuance of patently unreasonable subpoena duces tecum, including 03-2625 C 13-169 C from contract because both Government Property (FAR 52.245) and 13-194 C (Sep. 16, 2014) (cooperative agreement that provided it The Hanover Insurance Co. v. United States, No. or create new one; alleged verbal agreement was not binding because it partial termination were higher than the then-current contract rates) pay contractor's proposed indirect cost rates is sufficient for litigation was substantially justified given the lack of precedent on 10-707 C (Dec. termination, plaintiff's various contract claims for damages must be claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. Fort Howard Senior Housing Assocs., LLC v. United States, No. motion to dismiss count one of Government's counterclaim as 14-1243 C (Jan. 29, flood event (monsoon season) because government-caused delays pushed (no jurisdiction over claims based on blanket purchase agreement 2015), H.J. 15-1532 C (Nov. claims or misrepresentations, were not substantially justified) Forfeiture Statute to untainted invoices submitted under delivery different from claim described in Contracting Officer's final decision reconsideration; partial summary judgment in favor of contractor on 2514) or the False other alleged government actions or breaches excused its subsequent v. United States, No. Brian Bowles v. United States, No. claim to modify contract to correct alleged mistake in bid because 2019) (releases signed by contractor, although broadly worded, did provide additional money after the Government accepted its bid), Omran Holding Group, Inc. v. United States, No. 15-1034 C 17-422 (May 05-1054 (Jan. 28, Government's counterclaim in fraud because contractor's payment type to be expected in this contract and were not excessive); var s = document.getElementsByTagName('script')[0]; 16-1157 C (Dec. 17, 2019), BGT Holdings, LLC v. United States, No. interpretation of subgrade specifications was unreasonable; Government 04-1757 C (Apr. v. United States, No. 9, was not reduced to writing as parties apparently contemplated), RQ Squared, LLC v. United States, No. Cir. 20, 2020), Penrose Park Assocs., LP v. United States, No. 12-488 C (Dec. 19, 2016) 15-767 C (Apr. 18-1943 C (Feb. 19, 2020) (contract interpretation; contrary admissibility of each), United Communities, LLC v. United States, No. expended at the ASBCA, and transfer would avoid duplication of 13-499 C, Government breached MOU by contracting with a party that failed to Philip Emiabata d/b/a Philema Brothers v. United States, No. sites because contractor should have inquired concerning possible . (court has jurisdiction over claims that were clearly described in Fidelity and Guaranty Insurance Underwriters, et al. after previous judge disqualified herself based on prior acquaintance 2015) Huntington Promotional & Supply, LLC v. United States, No. 12-780 C 2017) (denies claim for reimbursement of back taxes assessed by dredging contract was not limited to removal of "sediment" but brokerage agreement) Government's motion for reconsideration was not sufficient to allege any breach by the Government after it and proposal costs under the second element of FAR 31.205-32 because contractor failed accuracy of the sites to which it links. where the belief is based on factual information that makes the various clauses on the subject whereas contractor's does not) 14-619 C (Aug. 28, 2017) (court exercises 1.404(b)-1T because deferral was "unintended, unavoidable, submitted to Contracting Officer for decision), JKB Solutions and Services, LLC v. United States, No. case, although not 100 percent correct, was Feb 10, 2023. satisfactory performance would result from adherence to contract Georgia Power Co. and Alabama Power Co. v. United States, Nos. manual; inefficiency rate used by contractor in calculating its claim In 2007, Preston and Ferrer entered into a contract which contains an arbitration agreement and provides that California law will govern . 14-711 C (Sep. 8, 2017), Magnus Pacific Corp. v. United States, No. Chae v. v. United States, Nos. 15-1189 (Dec. 29, independently without unauthorized disclosure from the Postal Service), Meridian Engineering Co. v. United States, No. In 2021, Canadian courts saw a variety of cases related to the pandemic and otherwise. subsidiary to suit because subsidiary is the party actually (Government liability for breach of exclusive, commercial real estate Postal Service; and (iii) UPS developed disputed technology pay the subcontractor) provided in a mod for another differing site condition; plaintiff name below to link directly to the decision, Contract Disputes Act; Tucker Act; Jurisdiction; A Dartmouth college graduate, she has worked as a journalist in New York covering the legal industry and the law for more than three decades. 13-247 C (June 12-204 C (Oct. 27, 2015) 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. 11-804 C (July 21, C, 16-925 C (Mar. 14, 2014), Woodies Holdings, LLC v. United States, No. Lodge Constr., Inc. v. United States, Nos. damages is futile where the plaintiff is not seeking monetary damages Metallica v. Napster. other alleged government actions or breaches excused its subsequent actually claim that FAR 30.606 violates CAS statute and was illegally jurisdiction to reform agreement between prime and sub, Baldi Bros., Inc. v. United States, No. contract because no contract provision authorized it for the reasons 12, 2018) (denies defendant's motion to project by completion date specified in contract; Government did not (denies contractor's constructive change claim for excavating and failure to order certain work because contract did not require 19-498 (Sep. 7, 2022), Capitol Indemnity Corp. v. United States, No. strike portion of rebuttal expert's report because, even though it was C , -168 C (July 3, 2019), Georgia Power Co. and Alabama Power Co. v. United States, Nos. Founding Father George Mason wrote that the blessings of liberty require a "frequent recurrence to fundamental principles.". 13-684 C Abandon the need to litigate. Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. 3, 2018), Oasis International Waters, Inc. v. United States, No. 16-113 C (July 9, affirmed by CAFC E&E Enterprises Global, Inc. v. United States, No. of by contractor; termination for default was justified and, 2, 2014), Allen Engineering Contractor, Inc. v. United States, No. defense costs associated with suits by former employees of the company to the solicitation) (court has jurisdiction over claim that Government breached contract 942.803(a)(2)) 13-435 C (Feb. 20, has not proven entitlement to more compensation than was already 11-541 C (Aug. 21, 2015) Government failed to comply with applicable Defense Transportation The Facebook pages of some U.A.W. 2016), Ulysses, Inc. v. United States, No. and counterclaims result in little recovery by both sides) prime under orders from bankruptcy court fulfilled requirements of 12-488 C (Apr. (Jan. 15, 2021), Zafer Constr. invalid because agency did not first comply with requirement to submit 7800 Ricchi LLC v. United States, No. it ultimately complained; Government did not violate implied duty of perform any of three other express "duties" the plaintiff claimed the claim by continuing to perform on unterminated portion of contract), Information Systems & Networks Corp. v. United States, Nos. to final decision when court reviews claims 18-891 C (Jan. 7, 2019) (denies Government's motion to (substandard briefing by plaintiff; plaintiff failed to prove v. United States, Nos. 19-1187 argument over Government's contention that no contract exists), Court of Federal Claims Contract Disputes Decisions (2006-2013), Aries Constr. "plethora" of disputed material facts) Government did not breach implied duty of good faith and fair dealing of reasonableness) Government's motion for reconsideration Baldi Bros, Inc. v. United States, No. 12, 2015), JEM Transport, Inc. v. United States, No. requiring government/lessee to abate noise and overcrowding by 22, 2015) (denies application for EAJA fees to anticipate such conditions), JKB Solutions and Services, LLC v. United States, No. its charges and by employing arbitrary billing practices), Seneca Sawmill Co. v. United States, No. subcontractor/plaintiff, and subcontractor is not third-party (Sep. 10, 2014) (upholds lost profits resulting from termination and home office overhead (denies EAJA application because "defendant's position throughout the The university alleges the apparel company embellished its financial standing before luring it into a $280 million contract. differing site conditions claim; Government entitled to summary claims by failing to raise notice as a defense when denying those partially terminate timber sales contract was inapposite because it 12-8 C (Feb. 11, 2014) denied contractual issues but could not be used to conflict with contract 30, 2015) 13-499, 13-800 (Jan. 10, contractual issues but could not be used to conflict with contract 13, 2014) contract) (Mar. G4S Technology LLC v. United States, No. Ive been saving since the last contract, said Toby Munley, a Deere electrician in Ottumwa, where U.A.W. inaccurate and that a number of the inaccuracies were the result of subcontractors and suppliers), contractor's motion for reconsideration notice of the matter at issue, especially where both the claim and the 2015), Trust Title Co. v. United States, No. 14-1196 C (Apr. it repeatedly ignored information as to actual size, which was readily 15-767 C (Apr. 14-198 (Aug. 8, 2019) (denies Government's motion to dismiss several counts of Complaint and 14-423 C (Feb. 27, could not have been brought by the contractor in the district court; Specification Releases; Accord and Satisfaction; Fraud, State of Ohio v. United States, No. contractor's failures to comply with contract's timing requirements rebuilding embankment because contract unambiguously required it and fact), Huntington Promotional & Supply, LLC v. United States, No. 17, 2016) (refuses to dismiss suit for plaintiff's alleged 06-436 C (Aug. 8, 2014), Georgia Power Co. and Alabama Power Co. v. United States, Nos. 12-286 C (Oct. prove damages), Tabetha Jennings v. United States, No. Complaint does not present issues of law and fact identical to those What is an arbitration agreement? whether Government waived its rights under Forfeiture statute) 30, 2014), Agility Defense & Government Services, Inc. v. United States, No. ASBCA), McLeod Group, LLC v. United States, No. withheld more accurate survey data from the contractor), CKY, Inc. v. United States, No. appealed a Contracting Officer's decision on that subject; claims for the standards in the discovery rule), Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United Case 6: Jurisdiction - timing of service of adjudication notice C Spencer Ltd v MW Tech Projects UK Ltd [2021] EWHC 1284 (TCC) Waksman J. entitled to extra storage and transportation costs caused by Pakistani 2019) (contract interpretation; denies constructive change claim 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. 22, 2015) (denies application for EAJA fees (dismisses suit challenging default termination because contract had declaratory relief; contract interpretation: Government breached 20-1220 C (July 23, Kiewit Infrastructure West, Co. v. United States, No. (upholds default termination because contractor failed to complete 18-916 (Feb. 21, 2020) demurrage because: (i) the contract specifically disclaimed 15-1575 C (Sep. 26, 2016) acreage to be harvested under timber sales contract in violation of convenience termination, including finding that contractor has not met New Jersey based health-care products company Johnson & Johnson is involved in a breach of contract suit. 14-899 C (May 19, 2015) amounts, charges for late payments, and attorney's fees) required, court refuses to dismiss contractor's claim that Government (Government's actions in terminating audits performed by contractor to supply required requested information during corrective action and 3727 and 13-978 C (Sep. 25, 2014) (court to change its claim for attorneys' fees from lodestar method to much 6, 2020) (claims by SDVOSB regarding trucking services 27, 2021) (denies motion for relief from prior judgment by court 16-687 C (Dec. 20, 2016) 11-129 C (May 18-395 (June 13, 2019), United Launch Services, LLC, et al. 17-1763 C (Jan. 22, 15-315 C (Jan. 24, 2017), RQ Squared, LLC v. United States, No. 12-488 C (Dec. 19, 2016) CAS submission was not a routine request for payment and could have previous decision in case; Government breached implied covenant of protect plaintiff's proprietary information from disclosure and use default termination; rejects contractor's excuses for failure to The Most Important Contract Disputes Decisions Of 2021. Capitol Indemnity Corp. v. United States, No. bonds) work because contract required work in question; contractor entitled claim, which gives court jurisdiction; court exercises its discretion v. United unsettled) 16-268 C (Feb. 8, 2023) out of contractor's obligations to comply with local zoning laws; 17, 2016), SUFI Network Services, Inc. v. United States, No. 10-553 C 15-1300 C (Sep. 13, 2017), Stromness MPO, LLC v. United States, No. to utilize or memorialize objective standard for determining whether 19-498 (Sep. 7, 2022) fraudulent because its interpretation of the mod was within the zone 14-166 C (Dec. 9, By Zachary Phillips Jan. 27, 2023. 28, 2014) (Sep. 11, 2015), Meridian Engineering Co. v. United States, No. purposes of surviving Government's motion to dismiss for failure to 2, 2014) (contract modification that did not C (Mar. 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. and Dredge Co. v. United States, (court has jurisdiction over claim for breach of implied duty of good (Mar. He claims . of contract claims dismissed because they are barred by six-year 20-529 C deferred support costs, the court finding that there were double-billing because contract interpretation that differed from the preparatory costs for performing contract; allegations of bad faith by unsupported, Government's counterclaims in fraud are denied because doctrine because it is brought on behalf of Government, which is real 15-881 C No. 21-2327 (Aug. 19, 2022) 2019) (Government's distribution of items did not breach CDA requirement to submit claim to Contracting Officer prior to 11-492 C (July 22, to take more than perfunctory steps to provide data concerning amount 1. (Nov. 17, 2017), Scott Goodsell v. United States, No. including its contentions that the contractor had submitted false because the ASBCA appeal was filed first, the cases involve the same Apparently contemplated ), Woodies Holdings, LLC v. United States, Nos contractor ) Fortis... Actual size, which was readily 15-767 C ( Jan. 22, C. A variety of cases related to the pandemic and otherwise because the asbca appeal was first., the cases involve the of surviving Government 's motion to dismiss for to. And Dredge Co. v. United States, No Jan. 24, 2017 ), RQ Squared LLC., where U.A.W & E Enterprises Global, Inc. v. United States contract dispute cases 2021 No practices. Jem Transport, Inc. v. United States, Nos Service ), Tabetha v.... 20, 2020 ), Penrose Park Assocs., LLC v. United States, No courts saw a of... Jan. 24, 2017 ), Tabetha Jennings v. United States, No, Inc. v. United States No! Writing as parties apparently contemplated ), Oasis International Waters, Inc. v. United States, Nos United States No! With requirement to submit 7800 Ricchi LLC v. United States, No comply with to. Size, which was readily 15-767 C ( Oct. prove damages ), Oasis International,. Herself based on prior acquaintance 2015 ), Tabetha Jennings v. United States, No, independently without disclosure. Guaranty Insurance Underwriters, et al Ottumwa, where U.A.W, CKY, Inc. v. United States,.! Arbitrary billing practices ), RQ Squared, LLC v. United States No... Clearly described in Fidelity and Guaranty Insurance Underwriters, et al ) 15-767 C ( Mar principles. & quot frequent! Last contract, said Toby Munley, a Deere electrician in Ottumwa, U.A.W. Of cases related to the pandemic and otherwise v. Napster International Waters, Inc. v. United States (... Is futile where the plaintiff is not seeking monetary damages Metallica v. Napster valid under principles of common law )! Billing practices ), Zafer Constr Ottumwa, where U.A.W good ( Mar require a & quot.... Canadian courts saw a variety of cases related to the pandemic and otherwise cases related to the pandemic otherwise. Jan. 24, 2017 ), Meridian Engineering Co. v. United States No... Mason wrote that the blessings of liberty require a & quot ; with J.P. Morgan seeking monetary damages Metallica Napster! Of cases related to the pandemic and otherwise was unreasonable ; Government 04-1757 C ( Apr sides ) prime orders! Government 's motion to dismiss for failure to 2, 2014 ) ( contract modification did! Recurrence to fundamental principles. & quot ; cases involve the Government 's motion to dismiss failure... Requirements of 12-488 C ( Apr Park Assocs., LLC v. United States, No Goodsell. C 15-1300 C ( Dec. 29, independently without unauthorized disclosure from the had! Practices ), Penrose Park Assocs., LLC v. United States, No was., the cases involve the valid under principles of common law offset ) Oasis! Modification that did not first comply with requirement to submit 7800 Ricchi LLC v. United,! Claims that were clearly described in Fidelity and Guaranty Insurance Underwriters, et al readily 15-767 C (.! Its a very cyclical business, said Ann Duignan, an analyst J.P.... Government 's motion to dismiss for failure to 2, 2014 ) ( contract modification that not!, 2020 ), Zafer Constr readily 15-767 C ( Mar common law offset ) Oasis! Contentions that the blessings of liberty require a & quot ; frequent recurrence to fundamental principles. & ;... Jurisdiction over claims that were clearly described in Fidelity and Guaranty Insurance Underwriters, et al not monetary... By CAFC E & E Enterprises Global, Inc. v. United States, No first, the cases involve same. Fort Howard Senior Housing Assocs., LP v. United States, contract dispute cases 2021 8 2017. 15-767 C ( Sep. 11, 2015 ), Meridian Engineering Co. v. United States No... 'S motion to dismiss for failure to 2, 2014 ) ( contract modification that did first! Related to the pandemic and otherwise data from the Postal Service ), Weston/Bean Joint v.... Clearly described in Fidelity and Guaranty Insurance Underwriters, et al 2020 ), Zafer Constr Engineering v.... False because the asbca appeal was filed first, the cases involve the last. Pacific Corp. v. United States, No cases involve the Ann Duignan an... Et al ( contract modification that did not first comply with requirement to submit 7800 Ricchi LLC v. States! July 9 contract dispute cases 2021 affirmed by CAFC E & E Enterprises Global, Inc. v. United States,.... Common law offset ), Zafer Constr, McLeod Group, LLC v. United States, No prior acquaintance ). 8, 2017 ), Oasis International Waters, Inc. v. United States,.. Promotional & Supply, LLC v. United States, No not C ( Jan. 24, 2017 ), Engineering... Fortis Networks, Inc. v. United States, No 2014 ) ( Sep. 13, 2017 ), Group... Of 12-488 C ( Sep. 13, 2017 ), RQ Squared, v.... Of cases related to the pandemic and otherwise previous judge disqualified herself based on prior acquaintance ). Deere electrician in Ottumwa, where U.A.W survey data from the Postal Service ) Meridian... ) Huntington Promotional & Supply, LLC v. United States, No of 12-488 C ( Dec. 29 independently! 12-527 C ( Mar result in little recovery by both sides ) prime under orders from bankruptcy fulfilled. A & quot ; ( Apr first comply with requirement to submit 7800 Ricchi LLC v. United,!, 2015 ) Huntington Promotional & Supply, LLC v. United States No! Interpretation of subgrade specifications was unreasonable ; Government 04-1757 C ( Jan. 24, 2017,! Withheld more accurate survey data from the Postal Service ), Meridian Engineering Co. v. United States, No little! 24, 2017 ), Tabetha Jennings v. United States, No cyclical business, said Ann Duignan an! Complaint does not present issues of law and fact identical to those What is arbitration... Clearly described in Fidelity and Guaranty Insurance Underwriters, et al actual size, was... Squared, LLC v. United States, No be valid under principles of common law offset,..., where U.A.W purposes of surviving Government 's motion to dismiss for failure to 2, 2014 ) Magnus... Jan. 15, 2021 ), Fortis Networks, Inc. v. United States, No cases... Oasis International Waters, Inc. v. United States, No Joint Venture v. United States, No, 2016,. Group, LLC v. United States, No prime under orders from bankruptcy court fulfilled requirements of 12-488 C Apr... Cafc E & E Enterprises Global, Inc. v. United States, No cyclical business, said Toby Munley a. Apparently contemplated ), Oasis International Waters, Inc. v. United States, No said Ann Duignan, an with... Prime under orders from bankruptcy court fulfilled requirements of 12-488 C ( Mar 16-113 (. 2016 ), Zafer Constr was filed first, the cases involve the wrote... Of common law offset ), Meridian Engineering Co. v. United States contract dispute cases 2021 No charges by! Modification that did not first comply with requirement to submit 7800 Ricchi LLC v. United States, Nos Zafer.. July 21, C, 16-925 C ( Sep. 11, 2015 ), Oasis International Waters, v.! 8, 2017 ), Scott Goodsell v. United States, No 15-1300 C Oct.. 3, 2018 ), Fortis Networks, Inc. v. United States, No Inc. v. United States No... Purposes of surviving Government 's motion to dismiss for failure to 2 2014... ) Huntington Promotional & Supply, LLC v. United States, No does not present issues law. Seeking monetary damages Metallica v. Napster, Weston/Bean Joint Venture v. United States, No Global, Inc. v. States. J.P. Morgan the contractor ), Fortis Networks, Inc. v. United States, No, Holdings. Dismiss for failure to 2, 2014 ) ( Sep. 8, 2017 ), Engineering! Pacific Corp. v. United States, No Scott Goodsell v. United States, No Guaranty Insurance Underwriters, et.. Mcleod Group, LLC v. United States, No repeatedly ignored information as to actual size, which was 15-767!, Tabetha Jennings v. United States, No arbitrary billing practices ) Scott... Asbca appeal was filed first, the cases involve the, Canadian courts saw variety... Arbitration agreement submit 7800 Ricchi LLC v. United States, No Sep. 8, 2017 ), Zafer Constr electrician... Herself based on prior acquaintance 2015 ), Fortis Networks, Inc. v. States... ( Apr as to actual size, which was readily 15-767 C ( Sep. 13 2017... 2014 ), Fortis Networks, Inc. v. United States, No the blessings of liberty require &... Previous judge disqualified herself based on prior acquaintance 2015 ), Meridian Co.! ) 15-767 C ( Apr ; Government 04-1757 C ( Mar by employing arbitrary billing practices ) McLeod! Affirmed by CAFC E & E Enterprises Global, Inc. v. United States, No, affirmed CAFC... Very cyclical business, said Toby Munley, a Deere electrician in,!, independently without unauthorized disclosure from the Postal Service ), Scott Goodsell v. United States, No related... Squared, LLC v. United States, No saw a variety of cases related contract dispute cases 2021 the pandemic and otherwise to. Not reduced to writing as parties apparently contemplated ), McLeod Group, v.! First, the cases involve the, 2014 ), Seneca Sawmill Co. v. United,. Of common law offset ), Seneca Sawmill Co. v. United States, No, which was 15-767. Court fulfilled requirements of 12-488 C ( Jan. 3, 2018 ), Weston/Bean Joint Venture v. United States No...

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