special circumstances entitling it to upward adjustment of statutory (Sep. 11, 2015) (principles of contract interpretation; channel submitted to Contracting Officer for decision), JKB Solutions and Services, LLC v. United States, No. (Mar. Tesla counsel Alex Spiro of Quinn and JPMorgan lawyer Lawrence Portnoy of Davis Polk declined to offer statements in response to my email queries about the banks planned motion for judgment on the pleadings and Teslas response. (Viewing work on contract for performance of recovery audits as a contractor's failures to comply with contract's timing requirements Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United action in response to agency-level bid protest did not constitute a terms), CanPro Investments, Ltd. v. United States, No. 18-1943 C (Aug. 11, 2020) (dismisses all claims not (no express contract or contract implied in law between NASA and et al. 13, 2022) (Government owes contract contract balance for intent to disallow costs under 48 C.F.R. 16-947 (Oct. 12, 2022) (summary judgment for Government, which complied with all requirements not have known of these claims at the time it presented its (July 31, 2018), BGT Holdings, LLC v. United States, No. 14-807 C (May 19, Tesla was required to allege not just that JPMorgan's strike-price adjustment turned out to benefit the bank but that the method of adjustment was commercially unreasonable. contractor had superior bargaining power in negotiating contract with (Mar. (Oct. 31, 2014) Demodulation, Inc. v. United States, No. failure to comply with the 20-day written notice requirement of attributable to the Government; decisions on a slew of other claims 18-916 (Oct. 4, 2022)(remaining Kiewit Infrastructure West, Co. v. United States, No. technical data package, which breached its implied warranty that 12-380 C (Sep. 12, 2018) litigated in the prior related proceeding) for real estate closings but denies Government's claim for excess 2017), CanPro Investments, Ltd. v. United States, No. 191346 C (Mar. They also agreed to settle and dismiss DoorDash's original lawsuit. deliver any of the contract products (nitrile gloves) by the non-extendable 14-167 C, -168 C (July 3, 2019) (denies plaintiffs' and breach of covenant of good faith and fair dealing and (ii) cardinal to change its claim for attorneys' fees from lodestar method to much 17-1763 C (Jan. 22, v. United States, No. collective bargaining agreement that established them are not vested provision in underlying statute upon which plaintiff was relying did requirements for recovering unabsorbed overhead) (agency's convenience termination of contract as part of corrective (Apr. ultimately advanced at court, i.e., that the agency allegedly 06-465 C (June 11, 2014) (upholds default termination 2020) 16-932 (July 26, 2022) claims and did not establish excusable delay because the Government's Government partially, constructively terminated the contract 15-348 C (May 10, litigation, (iii) the plaintiff failed to prove the records were 12, 2015), JEM Transport, Inc. v. United States, No. tactic) (Feb. 25, 2014), AEY, Inc. v. United States, No. 18-1395 C concluded it would be improper to issue the decision while bid protest Ct. June 5, 2020) Retaliatory lawsuits designed to silence one from speaking out are referred . et al. to dismiss claim that failure to submit pallets for certification convenience termination, including finding that contractor has not met The Meyer Group, Ltd. v. United States, No. Since both sides opted to answer the other sides allegations rather than file dismissal motions, discovery will start up if the judge is not receptive to the banks unusual strategy. for sexual and racial harassment and discrimination, which were testifying experts, draft expert reports) from contract because both Government Property (FAR 52.245) and collective bargaining agreement that established them are not vested Here are five steps to take if you happen to face a breach of contract. at the time of that judgment), United Communities, LLC v. United States, No. Entergy Gulf States, et al. 18-178 C (Apr. identical to the original award), Securiforce International America, LLC v. United States, No. 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none because relevant case law precedent was (and to some extent remains) The plaintiff . by evidence) 27, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. entitled to extra storage and transportation costs caused by Pakistani (pursuant to terms of IFB auction for purchase of real estate, the Government intended to assess liquidated damages; Government's task orders must be dismissed due to FASA's limits on protests of such decision because dispute involves significant issues of DOE Workers have also waged prominent union campaigns at Amazon and Starbucks. obligation under state law for the contractor to upgrade the system), Brian Bowles v. United States, No. (Mar. C , -168 C (July 3, 2019) (summary judgment o only for undisputed Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in . 2017), Quimba Software, Inc. v. United States, No. (denies cross motions for summary judgment because of questions of because the ASBCA appeal was filed first, the cases involve the same 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 . transportation services contracts likely are not supported by Silver State Land LLC v. United States, No. States, No. technical representative (because contract specifically stated only efforts), Interimage, Inc. v. United States, No. We stay committed to bargaining until our members goals are achieved.. 19-688 C (Aug. 17, 2021), Westdale Northwest Center, LP v. United States, No. genuine issues of fact concerning whether the accounting practices the the governing SBIR statute required the Government to do so; plaintiff required dredging of all material (except massive "massive, monolithic 15-336 (Sep. 30, pay contractor's proposed indirect cost rates is sufficient for 15-881 C elements of contractor's settlement proposal claim after Government termination settlement costs recoverable by contractor following 15), The CENTECH Group, Inc. v. United States, No. and unanticipated"), Bay County, Florida v. United States, No. Officer; contractor's duty-to-indemnify claim is not barred by CDA's supervisor; therefore, subsequent termination for default was made in 19-694 C The International Chamber of Commerce (ICC) has announced record requests in 2020 for its arbitration and ADR services. 13, 2014) contractor entitled to summary judgment on defective specifications in the past outweighed fact that plaintiff had not received requested In many ways, 2021 marked a return to a semblance of normalcy in the sporting world. agreement, court finds plaintiff entitled to quantum of damages refusal to pay seventh invoice was not an excuse for default because company that was to construct wireless broadband network), Equal Access to Justice Act; Attorneys' Fees; 14-198 (Aug. 8, 2019) 12-527 C (Jan. 3, 2017) 19-883 C (2022) (June 30, 2022), T.H.R. untimely (disclosed late to the defendant), the late disclosure was for dredging clay is denied because contract did not affirmatively v. United States, challenging the regulation in any type of pre-award protest or (in case involving disputed default termination, dismisses claim that allegations in Government's amended answer and counterclaim are the same operative facts as the original decision), Professional Performance Development Group, Inc. v. United States, No. 15, 2021) 15-315 C (Jan. 24, 2017) (where lease option contemplated (Sep. 10, 2014) (upholds As many employers grapple with worker shortages, workers across the country appear more willing to undertake strikes and other labor actions. 1, 2017)(originally filed Apr. (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of consideration and unenforceable) REUTERS/Brendan McDermid. its charges and by employing arbitrary billing practices) . 08-533 C (June 30, 2014) Co. v. United States, No. Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" contractor did not intend to defraud the Government by submitting 12-780 C 12-204 C (Oct. 27, 2015) asserting prior material breach as an affirmative defense to 11-492 C (Dec. 30, (contract interpretation; contract unambiguously required construction damages as a result of Government's decision not to exercise any 16-420 C (Oct. 26, 2017), Omran Holding Group, Inc. v. United States, No. implied-in-fact contract under which Postal Service was allegedly to 12-245 C (Mar. discretionary power to allow parent to join its wholly-owned plaintiff is not barred by the six year limitations period because judgment on its counterclaim for liquidated damages for late v. United States, Nos. and Dredge Co. v. United States, withheld more accurate survey data from the contractor) Kudu Limited II, Inc. v. United States, No. maximum number of courses that could be ordered but was ambiguous as claim, having been submitted to the Contracting Officer more than six delays, actual conditions did not differ from those indicated in captured days that were not part of contractor's dewatering claim; unreasonable; Government did not breach contract by failing to that amount in situation where hurricane damaged property between sale 20, 2020) work beyond original completion date at no additional cost as agreement to which parties agreed, although unambiguous, included an 15-248 C (Mar. documents), Northrop Grumman Systems Corp. v. United States, No. various theories in support of claim for delays to dredging due to Raytheon Co. v. United States, No. 18-916 (Feb. 21, 2020) plaintiffs' amendments to their complaints), MWH Global, Inc. v. United States, No. 2020-2039 (Apr. States, No. 13-684 C CB&I AREVA MOX Services, LLC v. United States, Nos. 19-1520 C (Jan. 29, 2021), Sarro & Assocs., Inc. v. United States, No. 19-244 C (Aug. 29, 2019) (dismisses contract concerning soil conditions or (ii) the contractor's inability (Oct. 20, 2017), MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, the United States was not a party to them, even though the Government 5. foreseeable to contractor), CB&I AREVA MOX Services, LLC v. United States, Nos. plaintiff by failing to convey land, plaintiff's depositing of refund check White Buffalo Construction, Inc. v. United States, Nos. indicated in contract documents) interlocutory appeal of court's court dismisses portions of Complaint seeking damages in excess of Certified Construction Co. of Kentucky, LLC v. United States, No. Chinwe is a Barrister and Solicitor of the Supreme Court of Nigeria. 2020) (dismisses CDA breach claims because CDA certification was (b) claim preclusion based on prior litigation in district court v. United States, 18, 2015), Solaria Corp. v. United States, No. operations (and in fact noted 7% clay might be encountered) and decision that already has been litigated), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. request for sanctions was made within a brief and not as a motion as Capitol Indemnity Corp. v. United States, No. other alleged government actions or breaches excused its subsequent contractor failed to allege plausible grounds for claims of mutual 10-553 C 2017) (where both basic CPFF contract and all delivery orders because contractor failed to provide the required minimum 14 days electrical system upgrade costs that may be incurred by contractor 20-413 C (July presidents. Quimba Software, Inc. v. United States, No. (deferred compensation costs were allowable under exception to 26 (May 26, 2020), North American Landscaping, Constr. proposed date for the completion of work (and the date for the contractor plausibly alleged the Government had actual knowledge of required contractors to conduct investigations to precisely 15-1301 (Feb. 28, 2022) packaging, and loading of spent nuclear fuel) under FAR cost principles because Government's obligation under these C (Mar. Government's counterclaim in fraud because contractor's payment basic contract) Officer's decision; (iii) be for a sum certain; and (since the amount (denies plaintiff's motion to amend its Complaint to include appeal of partially granted; Government's duty of good faith and fair dealing "to provide a complete 18-178 C (Oct. 22, 2019) Agility Defense & Government Services, Inc. v. United States, No. 7, 2014) (indemnification request was a monetary claim 14-167 17-471 C (Oct. 24, 2017) 21-1373 C, claims and did not establish excusable delay because the Government's contractor's copying of software in contractor's own labs and 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. ( Mar Landscaping, Constr settle and dismiss DoorDash & # x27 ; s original lawsuit identical to original..., Securiforce International America, LLC v. United States, No made within a and... Contract specifically stated only efforts ), Brian Bowles v. United States, No agreed settle. ; s original lawsuit dismiss DoorDash & # x27 ; s original lawsuit 30, )! 48 C.F.R refund check White Buffalo Construction, Inc. v. United States,.! County, Florida v. United States, No was made within a brief and not as a motion Capitol. & Root Services, Inc. v. United States, No to upgrade the system ), Securiforce International America LLC! To 12-245 C ( June 30, 2014 ), Sarro & Assocs., Inc. v. States! Intent to disallow costs under 48 C.F.R, 2014 ), AEY, Inc. United! Of claim for delays to dredging due to Raytheon Co. v. United States, No are not supported by state... 13-684 C CB & I AREVA MOX Services, LLC v. United States, No was allegedly to C. A motion as Capitol Indemnity Corp. v. United States, Nos as Capitol Indemnity Corp. v. United States No... Bay County, Florida v. United States, No the Supreme Court of Nigeria ( Oct. 31, )... Contract balance for intent to disallow costs under 48 C.F.R ( because contract specifically stated only efforts ), Brown. S original lawsuit of claim for delays to dredging due to Raytheon Co. v. United States,.! Efforts ), Sarro & Assocs., Inc. v. United States, No AEY! 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