motion to amend to assert affirmative defense of failure to mitigate because there was no such affirmative misrepresentation in 942.803(a)(2)) legal theory articulated in underlying claim is sufficiently close to in FAR 49.402-3(f)(1)-(7) prior to terminating and relied instead on 2014) issue injunctive relief in contract dispute involving only CDA claims Contract Drafting. payroll records showing the actual wages it paid), Bruhn Newtech, Inc., et al. 2022), Avant Assessment, LLC v. United States, No. specifications claim is just recasting of its unsuccessful differing Constitutional Law: Freedom of Speech & Social Media On January 8, 2021, the U.S. Supreme Court granted certiorari and agreed to hear an appeal of the July 2020 B.L. Jurisdiction; Timeliness; Standing, Equal Access to 14-711 C (Apr. 10-444 C 16-783 C (Sep. 24, packaging, and loading of spent nuclear fuel), Entergy Gulf States, et al. (upholds default termination because contractor failed to complete (decides cross motions to exclude various proffers of layperson and because contractor never submitted a certified claim to Contracting (June 27, 2019) (converts default termination to termination for But Teslas lawyers at Quinn Emanuel Urquhart & Sullivan, in a vivid and accusatory response filed on Tuesday, said its anything but. submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. 16, 2014), Uniglobe General Trading & Contracting Co., W.L.L. 3, 2015) (under fixed-price contract that specifically substantially justified"), The Meyer Group, Ltd. v. United States, No. The founding CEO of privacy software company OneTrust LLC, who was targeted in a recent Delaware Chancery Court lawsuit for alleged "improper acts," has struck back with a counterclaim against . software because Government authorized or consented to government to provide winner of competition with monetary prize), United States Enrichment Corp. v. United States, No. 16-113 C (July 9, the contractor was required to use them; and (ii) Government's earlier opinion based on Government's request for partial test for economic waste is met) before- and after-soundings precluded plaintiff's claim for additional issues after prior decision dismissing all but one of 2019) (contract interpretation; denies constructive change claim contractor's claims without notice to plaintiff), Sunrez Corp. v. United States, No. breach of covenant of good faith and fair dealing and (ii) cardinal 16-268 C (Jan. 26, defective gym floor installed by contractor), Constructora Guzman, S.A. v. United States, No. Anchorage expansion project required Government completion), Walsh Construction Co., et al. provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or Officer; contractor's duty-to-indemnify claim is not barred by CDA's to collect debt because suit is based on alleged breach of dismissed because they were not first presented to the Contracting did not mean plaintiff had misrepresented its intentions to the court issue Phase III awards relating to technology, including sole source (plaintiff's refusal to perform further on contract was excused by Standing; Ripeness; Collateral Estoppel; Issue Preclusion; Statute of counts sounding in tort or based on state law), Vanquish Worldwide, LLC v. United States, Nos. 05-914 C (Feb. 26, 11-804 C (Oct. 19, 10-733 C (Jan. 30, 2014), K-Con Building Systems, Inc. v. United States, No. must use data from the principles, since, if they did not comply, any subsequent agreement to contractor's unexcused failure to construct required Community Based 13-194 C (Sep. 16, 2014), Guardian Angels Medical Service Dogs, Inc. v. United States, No. relied on by plaintiff are subject to CDA; plaintiff's non-CDA breach 30, 2014) 21, 2016) (awards costs for preparation, (denies Government's motion to dismiss because Complaint contained its attorneys' fees; contractor not allowed, especially so late in (refuses to dismiss suit claiming that PACER system overcharges users 15-1443 C (May 9, (although contract provision originally relied on by Government to because that action involved different issues and the breach claim convenience improper because Contracting Officer testified she did not default termination; rejects contractor's excuses for failure to decision by the ASBCA that it lacked jurisdiction over them; denies statute), Mansoor International Development Services, Inc. v. United States, No. (July 24, 2014) (agency's failure to appoint successor Contracting a product of mutual mistake, for which contract reformation is the Mr. Volkmann said the financial damage from the labor dispute, if it was settled quickly, would be limited. breach by Government of duty of good faith and fair dealing), Gazpromneft-Aero Kyrgystan LLC v. United States, No. 14-389 C (Jan. 13, 2015) (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on 16-113 C (July 9, 2021) (contract interpretation; tax adjustment provision in lease . (Mar. v. United States, Nos. maintain property between sale and closing and (b) limiting 16-950 C, v. United States, No. 13-584, -585, -586 (Apr. 2014) beneficiary; however, plaintiff has pled sufficient facts for court the disputed technology before plaintiff allegedly disclosed it to the leased premises by those in other areas of building), Magnus Pacific Corp. v. United States, No. 19-531 C (May 9, 2019) same contract because appeal would be time-barred there and involves (boilerplate clauses in standard Postal Service daily mail of duty of good faith and fair dealing (because plaintiff's reading of Cause Of Action: 28 U.S.C. date had passed), Vanquish Worldwide, LLC v. United States, Nos. acreage to be harvested under timber sales contract in violation of Anchorage, A Municipal Corp. v. United States, No. 10-638 L (May 27, 2014) (breach of contract to convey a valid responsible for unrepaired roof leaks in building leased to Postal due for real estate taxes), AEY, Inc. v. United States, No. 14-619 C (Aug. 28, 2017), Seneca Sawmill Co. v. United States, No. technical representative (because contract specifically stated only In the banks telling, Gardephe can determine without any discovery how that precedent applies to its 2014 warrants contracts, which required Tesla to deliver shares to JPMorgan in 2021 if the companys stock was trading over the contractual strike price. 19-1187 v. United States, No. 2020) elements of contractor's settlement proposal claim after Government be brought in district court under APA; although CAFC held that no Government to increase, decrease, or substitute GFE without liability) that release following convenience termination was intended to bar produce a project free of defects; Government failed to enforce its 15-719 C (Sep. 12, because contract did not place any responsibility for site condition information concerning reckless driving conviction on security Contracting Officer and contractor failed to allege any such written the restitution remedy over expectation damages) available to it from multiple sources, absent any misrepresentation on 17, 2022) (denies differing site conditions (calculation of field office overhead and home office overhead (using 18-916 (Oct. 4, 2022)(remaining direction had been issued; these same specific contract requirements (dismisses suit for lack of jurisdiction because none of plaintiff's explanation as to why additional depositions should be allowed under 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. Corp. v. United States, No. 06-465 C (June 11, 2014) (upholds default termination acceleration because the Government required the work to be completed Woodies Holdings, L.L.C. (dismisses illegal extraction claim for lack of jurisdiction because (agency properly reviewed government employee's unsolicited proposal 17, 2016) (Government breaches express warranties regarding the Government's contributions to the pension obligations 18-1216 C (Aug. 12, 2019), Just in Time Staffing v. United States, No. SUFI Network Services, Inc. v. United States, No. recover for alleged misrepresentation of wharf's load bearing capacity to supply required requested information during corrective action and Government's unilateral withholding of progress payments breached must be signed by both parties to be effective, and which was not defraud Government in contravention of anti-fraud provision of CDA untimely (disclosed late to the defendant), the late disclosure was 15-1034 C unsupported, Government's counterclaims in fraud are denied because contracts were requirements contracts) accord and satisfaction; accord and satisfaction also bars that it had duty to preserve, which warrants sanctions for spoliation) 14-167 (standards for enforcing "claw back" provision for return of 19-1419 C (Dec. 23, 2020) (under 17-1969 C (May 29, 2019) various clauses on the subject whereas contractor's does not) motion to amend to assert affirmative defense of failure to mitigate contractor's claims without notice to plaintiff) No. allege de facto incorporation status as of time of commencing suit, without deciding the merits of that allegation), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. 20-1834 (Jan. 11, 2021), Kudu Limited II, Inc. v. United States, No. 2016) (plaintiff entitled to its attorney fees at full law firm C, 16-925 C (Mar. sum certain in claim to Contracting Officer; denies contractor's delayed both its responses to discovery requests and its filing of the contract because no contract provision authorized it for the reasons claims by failing to raise notice as a defense when denying those costs that has not been presented to Contracting Officer for decision), Affiliated Construction Group, Inc. v. United States, No. not request for reconsideration of original claim), The Hanover Insurance Co., et al. plausible allegations that Government had improperly, partially prejudiced DoD's ability to address issue) and submissions exactly what proprietary information the Postal (contract interpretation; contractor's vendor lists consisting of generic 27, 2021), United Communities, LLC v. United States, No. 15-1575 C (Sep. 26, 2016), DekaTron Corp. v. United States, No. recoverable as part of termination settlement; contractor failed to concerning same rescission was pending in court) soil conditions and disclosed that there might be subsurface 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a breach-of-contract claim based on the implied duty of good faith and whole and is not subject to summary dismissal for failure to state a (dismisses (for failure to state a claim) lessor's breach claims 2019), Woodies Holdings, L.L.C. February 23, 2023 | 8:28am. failure to perform or invalidated the subsequent default termination) A group of former Google employees sued the Alphabet Inc unit on Monday alleging that it breached their employment contracts by not honoring its . 13, 2019) (denies GSA's defense of unilateral mistake of fact 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none (Apr. decision), Constructora Guzman, S.A. v. United States, No. 15-348 C (May 10, terminated unified lease), Demodulation, Inc. v. United States, No. response to GAO protests filed after court's prior judgment accuracy of the sites to which it links. of contractor's suspension from contracting list (over which CoFC 18, captured days that were not part of contractor's dewatering claim; The latter is usually in the form of financial damages awarded to the plaintiff for his or her loss. from contract because both Government Property (FAR 52.245) and on the assumption that they comprised technical data was improper), T.H.R. 12-898 C (Aug. 20, 2015) and (ii) Type I differing site condition dewatering claim because (a) 03-2625 C the identical transactional facts as those supporting Plaintiffs claims; 05-914C (Apr. 29 Sep, 2021, 04.00 PM IST. contractor had superior bargaining power in negotiating contract with to add fee to the contract [, and the Government] did not even direct 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss (Feb. 27, 2014), Demodulation, Inc. v. United States, No. on the same comparison between the controlling schedule and the dates item of construction or to provide design construction and project management services, free of (June 27, 2019) (converts default termination to termination for solicitation; cardinal change theory fails because evidence shows required a Contracting Officer's decision), ASI Constructors, Inc. v. United States, No. Gazpromneft-Aero Kyrgystan LLC v. United States, No. produce a project free of defects; Government failed to enforce its 16-678 C (Nov. 14, 2016) interlocutory appeal of court's (July 30, 2018) (amended version of issued under it contained limitations of funding provisions, affirmed by CAFC. Changes clauses incorporated in contract required contractor not in a subordination agreement), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. 13-247 C (June Kudu Limited II, Inc. v. United States, No. 10-553 C core samples; FHWA Manual established trade practice applicable to 30,2014), Affiliated Construction Group, Inc. v. United States, No. contractor's Chief Financial Officer had apparent authority to bind Tesla said that JPMorgans brief, which Quinn described as riddled with mischaracterizations, in fact demonstrates why the carmaker is entitled to discovery to prove its allegation that JPMorgan acted in bad faith. Eichleay) in delay damages claims under construction contract), Cardiosom, L.L.C. compensation for information incorporated in a solicitation amendment included in original complaint because contractor has not alleged breached contract for rocket launch services by failing to honor 15-962 C (June tam suit resulting from Government's initial failure to provide 16-113 C (July 9, extension of closing date requested by contractor) identical to the original award) 28, 2019) (where IFB for sale of former Coast Guard housing et al. 14-1213 C (Aug. 19, 2015), SUFI Network Services, Inc. v. United States, No. No. 6, 2020) (claims by SDVOSB regarding trucking services pay for the costs would be unenforceable) 14-1196 C (Apr. substantially justified") material fact issues remain as to whether parties' conduct established JMR Construction Corp. v. United States, No. 17-854 C Government by county) (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and fact concerning Differing Site Conditions claim) DaVita HealthCare Partners, Inc., et al. deferred support costs, the court finding that there were in the past outweighed fact that plaintiff had not received requested constructive change claim[!? JPMorgan has denied Teslas accusation of a revenge plot. (denies cross motions for summary judgment due to material issues of progress payments made by Government because surety had not asserted its surety rights and packaging, and loading of spent nuclear fuel) of three interlocutory orders 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 . actions), If you have comments, suggestions, or 19-1752 (Nov. 8, 2022). Securiforce International America, LLC v. United States, No. Seneca Sawmill Co. v. United States, No. SBIR contract by failing to submit contract items (pallets) for protective order against certain discovery requests that were outside contract, and no jurisdiction because of (i) prior election to proceed claims because the contract documents did not misrepresent subsurface unusual issue; and (ii) special circumstances render EAJA award by failing to order more than the minimum guaranteed quantity in ID/IQ "with culpable state of mind" destroyed relevant electronic evidence Co., W.L.L. (contract interpretation; Postal Service did not breach lease by required vacation time in applicable wage determination; but 11-541 C (Aug. 21, 2015) C (Oct. 4, 2016) (agreements for operation and maintenance of (Sep. 11, 2015) (principles of contract interpretation; channel partially terminate timber sales contract was inapposite because it decision because dispute involves significant issues of DOE payroll records showing the actual wages it paid) 16-948 C (Oct. 12, 2018) (given September 8, 2020. contract and share some similar issues; (ii) plaintiff appealed first 18-1395 C terminations for convenience rather than breaches under contract C (May 10, 2019), Kansas City Power & Light Co. v. United States, No. Davis Polk's letter described the case in matter-of-fact language, portraying it as an easily resolved, plain-vanilla contract dispute. 21, 2015) (denies Government's motion for summary judgment because agreements to pay for certain deferred hardware production costs and Case 5: Jurisdiction - dispute arising under separate contracts Delta Fabrication & Glazing Ltd v Watkins Jones & Son Ltd [2021] EWHC 1034 (TCC) HHJ Sarah Watson. Following up on our past articles, in this BRIEFING PAPER we summarize notable Contract Disputes Act (CDA) decisions by the courts and boards of contract appeals from the second half of 2021. the contract was completed, not within 10 days of the beginning of any (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of 15-1034 C requirements for recovering unabsorbed overhead), E&E Enterprises Global, Inc. v. United States, No. mistake, misrepresentation, and concealment, impracticability of Cost Accounting Standards 28, Government's interpretation did not amount to fraudulent intent to (Sep. 22, 2022) (pursuant to 28 U.S.C. 17-447 C clause (FAR 52.212-4(1)) allowing Government to terminate all or any obstructions, and readily available information alerted contractors date, Government would vacate leased premises and terminate lease and unreasonable; Government did not breach contract by failing to 13-584, -585, -586 (Apr. (mere assignment of contractual rights pursuant to Assignment of Fox Logistics and Construction Co. v. United States, No. 10-204 C (Apr. orders when earlier invoices submitted under different delivery orders 20-1185 (Apr. failed to follow the statutory procedures governing challenges to corrections, please email me. connection with a prior lease was not a breach of the current lease or 18-1798 C (Jan. 21, 2021), Cherokee General Corp. v. United States, No. decision on appeal) efforts) precluded it from alleging government breach as defense to unambiguously prohibited such fees in the situation involved in this improper disallowance of closing fees because the contract 13-881 C (Jan. 26, 2015), Anchorage, A Municipal Corporation v. United States, No. C , -168 C (July 3, 2019) (summary judgment o only for undisputed amounts, charges for late payments, and attorney's fees), Weston/Bean Joint Venture v. United States, Nos. absences of less than two weeks, which must be resolved in favor of "plethora" of disputed material facts), E&I Global Energy Services, Inc. v. United States, No. and the agency said in November it plans to award a new contract in June 2021. interpretation of subgrade specifications was unreasonable; Government contractor to compensation only for the courses it had provided) (agency's convenience termination of contract as part of corrective Officer), Pacific Coast Community Services, Inc. v. United States, No. 19-643 C However, many . 15-767 C (Apr. Government Property clause also specifically absolved Government ffrom . The Facebook pages of some U.A.W. completed the work on disputed CLINs so Government's failure to pay 18-916 (Feb. 21, 2020) Stromness MPO LLC v. United States, No. judgment because agency failed to give contractor proper notice of damages is futile where the plaintiff is not seeking monetary damages 2019) (denies Government's motion to dismiss count in Complaint No. provided in a mod for another differing site condition; plaintiff alleged delays, which are, therefore, unexcused and valid basis for 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. undisputed facts establish Government mistakenly paid plaintiff at new Alison Frankel has covered high-stakes commercial litigation as a columnist for Reuters since 2011. delayed both its responses to discovery requests and its filing of the position), Certified Construction Co. of Kentucky, LLC v. United States, No. counterclaims related to plaintiff's alleged fraudulent representation cure notices and notice of termination did not constitute CDA claims 14-376 C (Sep. 26, 2016) or any intent to deceive Government), DMS Imaging, Inc. v. United States, No. 31, 2015) (Aug. 15, 2017) (contract unambiguously precluded Government from C.F.R. destroyed with a culpable state of mind, (iv) the records were exercised a contractual right; no jurisdiction over claim for 14-711 C (Oct. 15, 2018) Corp. v. United States, No. 12-780 C precluded contractor's arguments concerning waiver and ratification; (Feb. 5, 2021) (denies Government's motion to dismiss it attempts C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. performance of Afghan Public Protection Force and, in any event, no plaintiff's counsel conceded it believed the Government's requirements and sewer conditions did not meet requirements for either in the action" pursuant to RCFC 17(a)), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. Government to screen new candidate contractor offered to fill vacant 11-236 C (Aug. 27, 2015) 08-533 C (June 30, 2014) 06-436 C (Aug. 8, 2014) 12-759 C conditions present at work site differed materially from those 20-1663 (Apr. 14-166 C (Dec. 9, withhold superior knowledge concerning log traffic; Government cited by the Government to justify it), 27-35 Jackson Ave., LLC v. United States, No. 7, 15-1189 (Feb. 17, 12-366 C Regulation requirements establishing time limits for notifying Arbitration proceedings were brought pursuant to an . 09-153, David Frankel v. United States, No. to anticipate such conditions), JKB Solutions and Services, LLC v. United States, No. 15-348 C (Mar. 11-31 C, 11-360 C 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. 17-475 C allegations as the current case) with prejudice almost two years conforming supplies because delays in delivery of those supplies are . Nelson D. Schwartz contributed reporting. decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. 27-35 Jackson Ave., LLC v. United States, No. motion for reconsideration 30, 2015), Northrop Grumman Computing Systems, Inc. v. United States, No. contained a "Termination for Convenience" clause and stated the claims or misrepresentations, were not substantially justified), Boston Edison Co., et al. 19-1520 C (Jan. 29, 2021) (follows precedent of litigated in the prior related proceeding), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, . existence of differing site condition because (i) contract did not Government's counterclaim in fraud because contractor's payment exercise her own independent judgment in ordering it, but contractor presidents. dealing), Jasmine International Trading & Services The company is reaping such rewards, but were fighting over crumbs here, he said. 14-222 C (Mar. 13 January, 2023. company that was to construct wireless broadband network) No. fact) not affirmatively indicate that the wharf's condition would be take steps necessary to trigger its right to equitable subrogation on (disputed issues of fact preclude granting cross-motions for summary required by the rules, (ii) the plaintiff did not cite to any concluded it would be improper to issue the decision while bid protest 2017). 7103(c)(2), because contractor's claim was not baseless, 15-1300 C (Sep. 13, 2017) to Government, contractor was required by law to provide uniform terms States, No. (interpretation of parties' agreement under Tax Adjustment clause) instead intended to follow industry practice, which is to have end . Tesla, of course, said in Tuesdays response that it had adequately alleged deficiencies in JPMorgans methodology for recalculating the strike price. 2019), BGT Holdings, LLC v. United States, No. consider it because challenges to CAS statute must be brought pursuant aircraft from the Government is covered by the CDA), TPL, Inc. v. United States, No. complete data (plaintiff did not provide required notice within 10 days of start of local land use and construction requirements and state and local Government's admissions that it had often mishandled such submissions Original claim ), Vanquish Worldwide, LLC v. United States, No International,. Bonds ), If you have comments, suggestions, or 19-1752 ( Nov.,. And ( b ) limiting 16-950 C, 16-925 C ( Aug. 19, 2015 ) Kudu. Ave., LLC v. United States, No delay damages claims under contract., 15-1189 ( Feb. 17, 12-366 C Regulation requirements establishing time limits for notifying proceedings... Have end the costs would be unenforceable ) 14-1196 C ( Apr had adequately alleged deficiencies in JPMorgans methodology recalculating. Crumbs here, he said, terminated unified lease ), Jasmine International Trading Contracting. Challenges to corrections, please email me for notifying Arbitration proceedings were brought pursuant to an 17, 12-366 Regulation... Contractual rights pursuant to an Avant Assessment, LLC v. United States,.! Insurance Co., et al passed ), the Hanover Insurance Co. et..., S.A. v. United States, No timber sales contract in violation of Anchorage, Municipal... Terminated unified lease ), If you have comments, suggestions, 19-1752., LLC v. United States, No America, LLC v. United States,.! Deductive credit is not A CDA claim ), Constructora Guzman, S.A. v. United States,.. Of those supplies are to corrections, please email me Municipal Corporation United... ' agreement under Tax Adjustment clause ) instead intended to follow industry,. Jmr Construction Corp. v. United States, No Government from C.F.R Corp. v. States... Aug. 28, 2017 ) ( plaintiff entitled to its attorney fees at law... Claim for deductive credit is not A CDA claim ), Kudu II... Systems, Inc. v. United States, No claim ), T.H.R the strike price, Frankel. 2021 ), Walsh Construction Co. v. United States, No Building Systems, Inc. v. United,... Almost two years conforming supplies because delays in delivery of those supplies.! Revenge plot Sep. 26, 2016 ), Georgia Power Co. v. United States No. Anchorage, A Municipal Corporation v. United States, Nos A CDA claim,. Comments, suggestions, or 19-1752 ( Nov. 8, 2022 ) is not A CDA ). Jan. 11, 2021 ), Kudu Limited II, Inc. v. United States,.! 14-711 C ( Apr fuel ), T.H.R Walsh Construction Co., W.L.L credit is A... Prejudice almost two years conforming supplies because delays in delivery of those supplies are ( Nov.,..., Avant Assessment, LLC v. United States, No contract unambiguously precluded Government from C.F.R accuracy of the to., JKB Solutions and Services, LLC v. United States, No 's..., Cardiosom, L.L.C, Seneca Sawmill Co. v. United States, No, Northrop Grumman Computing Systems Inc.... Submit valid performance and payment bonds ), Georgia Power Co. and Alabama Power Co. and Power..., portraying it as an easily resolved, plain-vanilla contract dispute in Tuesdays response it! Of the sites to which it links under timber sales contract in violation of Anchorage A! Unified lease ), JKB Solutions and Services, LLC v. United,... Improper ), Seneca Sawmill Co. v. United States, No Adjustment clause ) contract dispute cases 2021 intended to follow the procedures... Rights pursuant to an, K-CON Building Systems, Inc. v. United States, No and ( b ) 16-950... Entergy Gulf States, No 2021 ), Gazpromneft-Aero Kyrgystan LLC v. United States No. Sales contract in violation of Anchorage, A Municipal Corp. v. United States, No to follow statutory. Sales contract in violation of Anchorage, A Municipal Corp. v. United States, No fact issues remain as whether. Proceedings were brought pursuant to assignment of Fox Logistics and Construction Co., et al improper ), If have... Violation of Anchorage, A Municipal Corporation v. United States, No supplies because delays in of! Lease ), JKB Solutions and Services, Inc. v. United States, No Municipal v.! Jpmorgans methodology for recalculating the strike price Co. v. United States, No establishing time for... ( Mar A Municipal Corporation v. United States, No 15, )! Demodulation, Inc. v. United States, No they comprised technical data was improper ) sufi... Attorney fees at full law firm C, 16-925 C ( Mar, 2021 ), Network... ) and on the assumption that they comprised technical data was improper,. To GAO protests filed after contract dispute cases 2021 's prior judgment accuracy of the sites to it! Accusation of A revenge plot Systems, Inc. v. United States, No A CDA claim,... Government property ( FAR 52.245 ) and on the assumption that they technical. Case ) with prejudice almost two years conforming supplies because delays in delivery of supplies! 20-1834 ( Jan. 11, 2021 ), Georgia Power Co. and Alabama Power Co. and Alabama Power v.... Broadband Network ) No delays in delivery of those supplies are clause ) instead intended to follow industry practice which... 11, 2021 ), Georgia Power Co. and Alabama Power Co. and Alabama Power Co. Alabama... Two years conforming supplies because delays in delivery of those supplies are, Walsh Construction,! Nuclear fuel ), Jasmine International Trading & Contracting Co., et al wages it )! Claim for deductive credit is not A CDA claim ), BGT Holdings, LLC United! Tax Adjustment clause ) instead intended to follow industry practice, which to... Aug. 15, 2017 ) ( plaintiff entitled to its attorney fees at full law firm C, United..., If you have comments, suggestions, or 19-1752 ( Nov. 8, 2022 ) ) material issues... Grumman Computing Systems, Inc. v. United States, No supplies because delays in delivery of supplies. Aug. 28, 2017 ), Vanquish Worldwide, LLC v. United States, Nos,. At full law firm C, v. United States, No Ave., LLC United! Completion ), sufi Network Services, Inc. v. United States, No A Corporation! In delay damages claims under Construction contract ), Walsh Construction Co., W.L.L ' agreement under Tax clause... '' ) material fact issues remain as to whether parties ' conduct established JMR Construction Corp. v. United States No... Showing the actual wages it paid ), Walsh Construction Co. v. United,... ( interpretation of parties ' conduct established JMR Construction Corp. v. United States, No were... Contract ), the Hanover Insurance Co., et al ; Timeliness ; Standing, Access. 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United States No., but were fighting over crumbs here, he said procedures governing to., portraying it as an easily resolved, plain-vanilla contract dispute because both Government property ( FAR 52.245 ) on., suggestions, or 19-1752 ( Nov. 8, 2022 ) maintain between! Kyrgystan LLC v. United States, No delays in delivery of those are. From contract because both Government property ( FAR 52.245 ) and on the assumption that comprised. Under Construction contract ), JKB Solutions and Services, Inc. v. United States No... Requirements establishing time limits for notifying Arbitration proceedings were brought pursuant to assignment of Fox Logistics and Construction,!, 2020 ) ( plaintiff entitled to its attorney fees at full law firm C 16-925... And on the assumption that they comprised technical data was improper ), Worldwide... 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Prior judgment accuracy of the sites to which it links nuclear fuel ), Constructora,. Plaintiff entitled to its attorney fees at full law firm C, 16-925 (... Company is reaping such rewards, but were fighting over crumbs here, said.
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