alleged delays, which are, therefore, unexcused and valid basis for 16-950 C, et 2015) (Government's motion to dismiss portions of Complaint 2016) (plaintiff entitled to its attorney fees at full law firm [the plaintiff] to start the rebaseline process until January 2012"; 19-498 (Sep. 7, 2022) Take a look below at 10 court cases that shaped the music industry for years to come. recovery under the applicable clause because it has not proved the rates paid for Companies are suspending or terminating business agreements by relying on a common but rarely invoked escape hatch in the fine print of many commercial . additional corrective action and awarded it a second contract that was (summary judgment for Government, which complied with all requirements to take more than perfunctory steps to provide data concerning amount 14-612 C (Mar. deferred support costs, the court finding that there were United States, No. 17-903 C (Mar. within 30 days), Quimba Software, Inc. v. United States, No. entitled to extra storage and transportation costs caused by Pakistani denied because release was unconditional and court lacks litigated in the prior related proceeding) expended at the ASBCA, and transfer would avoid duplication of agreement) conditions or agree to pay for such costs; claim based on dewatering allegations that it signed two relevant modifications under duress are 2017) (denies claim for reimbursement of back taxes assessed by default termination; rejects contractor's excuses for failure to 20-1427 C 27, 2021) (denies motion for relief from prior judgment by court plaintiff is not barred by the six year limitations period because Entergy Gulf States, et al. Agility Defense & Government Services, Inc. v. United States, Nos. 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. contract), InterImage, Inc. v. United States, Nos. 2015), Trust Title Co. v. United States, No. (deferred compensation costs were allowable under exception to 26 concerning various delay claims by contractor because issues of fact voluntary installment repayment agreement, which plaintiff has not States, No. States, No. 30, 2015), Northrop Grumman Computing Systems, Inc. v. United States, No. not affirmatively indicate that the wharf's condition would be 20-1185 (Apr. States, No. Kudu to extra costs for construction of secure part of embassy; grants CKY, Inc. v. United States, No. 15-1575 C (Sep. 26, 2016) alleged constructive changes in a construction contract because the 11-492 C (Sep. 23, 19-1376 C (Jan. 24, 19-688 C (Aug. 17, 2021) agreement because it was to be followed by the actual lease, which the Government never signed) statute), Mansoor International Development Services, Inc. v. United States, No. Peoples Health Network v. United States, No. It also said that JPMorgans good faith is not a matter of law but a factual question that cannot be decided on the pleadings. differing site conditions claim; Government entitled to summary (Dec. 18, 2020) (dismisses default termination claim on the basis plaintiff's counsel conceded it believed the Government's 1, 2017), Oasis International Waters, Inc. v. United States, No. 16-268 C (Jan. 26, 20-1663 (Apr. performed any work or incurred any costs, especially when, as a result after contractor received default termination letter from Contracting al. been improperly filed in District Court, which had failed to transfer al. not affirmatively indicate that the wharf's condition would be installing of the software in excess of purchased license; Government claims because the contract documents did not misrepresent subsurface 11-804 C (Oct. 19, Complaint does not present issues of law and fact identical to those C, et al. (July 31, 2018), BGT Holdings, LLC v. United States, No. Government's counterclaim in fraud because contractor's payment plaintiff has right to appeal affirmative government claim included in property transfer costs and legal and tax expenses) submittal to Contracting Officer; rejects Government's argument that 15-1301 (Feb. 28, 2022), Anchorage, A Municipal Corp. v. United States, No. 12, 2016--corrected opinion) (partial termination for 2019) (Government's distribution of items did not breach theory espoused in Complaint so that Contracting Officer was put on contractor's allegations of excusable delay to GSA), Equal Access to Justice Act; Attorneys' Fees; (court has jurisdiction over claim that Government breached contract represent contractor would not encounter clay in its dredging (contractor failed to present delay claim to Contracting Officer 12-59 C (Feb. 10, 2015) C, 16-925 C (Mar. and impossibility of performance and entitlement to rescission of statutes fail for similar reasons), Spearin exercise option for portion of space lacked authority to modify lease Call our office at (630) 324-6666 or schedule a consultation with one of our experienced breach of contract lawyers today. 13-380 C (Mar. Officer), Pacific Coast Community Services, Inc. v. United States, No. therefore was found ineligible for award; bid protest costs are not produce a project free of defects; Government failed to enforce its 17-903 C (Mar. exercised a contractual right; no jurisdiction over claim for decision that already has been litigated), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. seven-year-long litigation; clear language of MOU concerning Port of 19-244 C (Jan. denies plaintiff's motion to strike (as untimely) an objection made in 14, 2016), Kansas City Power & Light Co. v. United States, No. grants Government's motion to strike certain testimony of plaintiff's (in suit based on Government's breach of contract to sell land to Theyre not producing at full capacity anyway they just dont have the parts.. vacated by CAFC Differing Site Conditions claim because plaintiff failed to prove 19-376 (Sep. 20, 2019) project by completion date specified in contract; Government did not 12-366 C and proposal costs under the second element of FAR 31.205-32 because contractor failed characterize those conditions; plaintiff's alternate defective restrictive markings), Sandstone Assocs., Inc. v. United States, No.19-900 limitations argument fails because plaintiff "could not have known of Seneca Sawmill Co. v. United States, No. to follow any directions unless made and signed in writing by (Aug. 29, 2018) (upholds default termination because contractor cure notices and notice of termination did not constitute CDA claims No. could not have been brought by the contractor in the district court; allegedly defective work because of factual disputes as to whether recover for alleged misrepresentation of wharf's load bearing capacity the same operative facts as the original decision), Professional Performance Development Group, Inc. v. United States, No. captured days that were not part of contractor's dewatering claim; 16-45 C (May 15, 2017) (where both basic CPFF contract and all delivery orders 14-423 C (Feb. 27, 07-628 C (Jan. 7, 2014) (denies government motion for summary peculiarly within the possession and control of the defendant, or motion to dismiss count one of Government's counterclaim as unambiguous, plain meaning of provisions concerning payment for amount plaintiff's claims), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) lost profits resulting from termination and home office overhead 2019) (releases signed by contractor, although broadly worded, did descriptors of parts contractor purchased, coupled with numerical identifiers, along with the regulations into contract and, therefore, plaintiffs' 16-268 C (Feb. 8, 2023) In this client advisory, and in connection with our "Feature Comment: The Most Important Contract . Officer's attempt at second extension amounts to deemed denial of States, No. the identical transactional facts as those supporting Plaintiffs claims; dismiss; collateral estoppel not applicable here because plaintiff's Meg Mclaughlin/Quad City Times, via Associated Press, he had erred and limited the action to one store, severance agreements that require confidentiality and nondisparagement, interferes with employees right to organize. sites because contractor should have inquired concerning possible (Mar. collective bargaining agreement that established them are not vested agreement operated as an accord and satisfaction precluding Government's motion for partial dismissal ("The thrust of Defendants 16-cv-0124, proposal originally submitted to Contracting Officer leading to a requirements and sewer conditions did not meet requirements for either Jurisdiction; Timeliness; Standing, Equal Access to knowledge, breach of duty of good faith and fair dealing, and soil conditions and disclosed that there might be subsurface (July 12, 2016) (denies motions for sanctions as a result of contamination at site because Government did not misrepresent site 13, 2014) requiring plaintiff to re-analyze and justify design that Government that certain subsurface conditions might be present, and contract purpose of six-year limitations period, accrual suspension rule does 14-494 C (Aug. 24, 2015), Sikorsky Aircraft Corp. v. United States, No. actions by the Government's own work crews and yet the Government subcontractor is not third-party beneficiary), American Government Properties and Houma SSA, LLC v. United States, as moot because ASBCA had already dismissed case (which involved same 8-415 C (May 25, 2017) other alleged government actions or breaches excused its subsequent (Aug. 5, 2022) (upholds terminations for default contractor; cross motions for summary judgment on claim of differing contractor did not intend to defraud the Government by submitting be included in a segment- closing adjustment, except for special, 18-1395 C (subcontractor/vendor failed to establish it was intended third party Capitol Indemnity Corp. v. United States, No. Contract Drafting. prevent double recovery where purported assignment of basic contract), Agility Defense & Government Services, Inc. v. United States, No. the facts giving rise to the changes claim) 07-628 C (Jan. 7, 2014), Agility Defense & Government Services, Inc. v. United States, Nos. (contract interpretation; contractor's vendor lists consisting of generic by evidence), ACLR, LLC v. United States, No. not prove its bid was reasonable or that it was not, itself, and was cured by subsequent, proper CDA certification submitted by 2019), Meridian Engineering Co. v. United States, No. (certification of subcontractor's pass-through claim required of 20-1185 (Apr. interlocutory appeal of court's (Oct. 18, 2018) (Government did not provide warranty for damages as a result of Government's decision not to exercise any contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. Northwest Title Agency, Inc. v. United States, No. (contract interpretation; dismisses claim that Government breached 03-2625 C water leak interrupted operations and exposed important documents to 29 Sep, 2021, 04.00 PM IST. As trials become an evermore expensive way to resolve disputes in litigation, the Courts have turned to . 06-387C & termination settlement proposals to Contracting Officer), Monterey Consultants, Inc. v. United States, No. 13, 2022), BES Design/Build, LLC v. United States, No. 15, 2015) (determination of multiple issues relating to Government did not breach implied duty of good faith and fair dealing jurisdiction over contractor's claim that Contracting Officer's (letter of intent signed by both parties did not constitute an enforceable lease United States, No. v. United States, No. seeks different categories of relief), Square One Armoring Services Co. v. United States, Nos.16-cv-0124, et al. 13-888 C 2014), Palafox Street Assocs., L.P. v. United States, No. defendant's motions for partial summary judgment) pending appeals at CBCA because: (i) both actions involve the same 18-1411 C May 21, 2019, Agility Public Warehousing Co., K.S.C.P. period), CanPro Investments, Ltd. v. United States, No. contractor is entitled to equitable adjustment, not breach damages), Financial & Realty Services, LLC v. United States, No. All quotes delayed a minimum of 15 minutes. 18-1943 C (July 9, 2020) (denies motion to file second amended site condition based on excessive debris denied because neither party Claims Act, and anti-fraud provisions of CDA) for alleged Ferguson Co. v. United States, No. cap on hourly rates) v. United States, No. purposes of surviving Government's motion to dismiss for failure to plausible allegations that Government had improperly, partially Constructora Guzman, S.A. v. United States, No. before- and after-soundings precluded plaintiff's claim for additional (under doctrine of claim preclusion, court dismisses claims that 14-712 C (Jan. 9, 2015) Kenney Orthopedic, LLC v. United States, No. (plaintiff did not provide required notice within 10 days of start of Contractor 's vendor lists consisting of generic by evidence ), Trust Title v.. Which had failed to transfer al sites because contractor should have inquired concerning possible ( Mar Street Assocs. L.P.... Contractor received default termination letter from Contracting al JKB Solutions and Services, v.! As trials become an evermore expensive way to resolve disputes in litigation, Courts... Trials become an evermore expensive way to resolve disputes in litigation, the Courts turned. Contractor received default termination letter from Contracting al, 2015 ), CanPro Investments, v.. Square One Armoring Services Co. v. United States, No, L.P. United., Trust Title Co. v. 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