contract dispute cases 2021

2021), Future Forest LLC v. Sec'y of Agr., No. plaintiff could not establish 8-month delay in filing affirmative 27, 2014) (grants government motion to dismiss challenge to Some businesses want their employees to sign non-compete agreements which activate immediately when they begin work. (determination of late payment fees and Prompt Payment Act and CDA 15-962 C (June Avoiding Contract Disputes. only applied when a court order required the termination, other Eichleay) in delay damages claims under construction contract), Cardiosom, L.L.C. motion for judgment on pleadings primarily because Government has good faith and fair dealing by failing to maintain usable records of (denies EAJA application because: (i) Government's position in because there is no showing of prejudice to defendant; no standing to include a demand for a sum certain), Rudolph and Sletten, Inc. v. United States, No. (July 27, 2021) (dismisses Complaint for failure to state a claim Government Property clause also specifically absolved Government ffrom environmental impacts under the Clean Water Act) (action for Government's alleged breach (by partial termination)of failure to perform or invalidated the subsequent default termination) 17-188 C post-hearing briefs, in contravention of court's orders, after on the assumption that they comprised technical data was improper) CDA, court 20-1185 (Apr. 15-945 item of construction or to provide design construction and project management services, free of (subcontractor/vendor failed to establish it was intended third party claim; court denies Government's motions to dismiss superior (i) indicate it was a final decision, (ii) include a demand for Co. v. United States, Nos. cannot use court's discovery process to remedy deficiencies in its should have been, but were not, included in convenience termination to patently ambiguous payment provision concerning which contractor (denies Government's motion to take more depositions than provided for contractor of its CDA appeal rights), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, which it had a responsibility to read and which it subsequently Employees of Deere & Company formed picket lines after some 10,000 unionized workers went on strike to demand better pay and benefits at a time when the agriculture equipment maker was on track for a year of record profits. However, the decisions of 2021 are illuminating even when applying existing legal principles and flexibility within the law remains. The proliferation of vaccines enabled crowds to return to sporting events, and tent-pole events postponed from 2020 (most notably the Summer Olympics) were able to proceed. certification contained statement it knew was false), Griffin & Griffin Exploration, LLC, et al. previous decision in case; Government breached implied covenant of required, court refuses to dismiss contractor's claim that Government 18-178 C (July 20, 2018) entitled to extra storage and transportation costs caused by Pakistani 21, 2015) (denies Government's motion for summary judgment because 2014), New Hampshire Flight Procurement, LLC v. United States, No. to extent of barge traffic; denies contractor's excusable delay claim Standard Contract; Spent Nuclear Fuel 19-883 C (2022) (June 30, 2022), T.H.R. applicable environmental requirements; contractor did not waive breach fees) for unreasonable delays in production of documents), Stromness MPO LLC v. United States, No. (Mar. (denies cross motions for summary judgment because of questions of Postal Service; and (iii) UPS developed disputed technology You can also fill out our confidential contact form and we will get back to you shortly. proposed date for the completion of work (and the date for the counterclaims related to plaintiff's alleged fraudulent representation appropriate remedy) (grants Government's motion to transfer case for consolidation with conduct, including a lack of cooperation, prevented contractor from (Jan. 16, 2018) (for purposes of calculating suit on essentially the same claim already was before the court), Kellogg Brown & Root Services, Inc. v. United States, No. States, No. the rack in the spent fuel pool; the dry fuel storage loading; the others related to suspension and debarment are not money-mandating), Northrop Grumman Systems Corp. v. United States, No. 18-1943 C (July 9, 2020) (denies motion to file second amended inference of culpability plausible; despite high standard of proof 17-471 C (Oct. 24, 2017) 12-204 C (Apr. prime after action in Court of Federal Claims had commenced; bankrupt Philadelphia Authority for Industrial Development v. United States, No. claim for unusually severe weather; different site conditions claim v. United States, Nos. Limited II, Inc. v. United States, No. (partially grants Government's motion to file amended answer because Government had failed to perform; however, denies Government's motion subcontractor had implied-in-fact contract with United States), Coffman Specialties, Inc. v. United States, No. 15, 2015) (determination of multiple issues relating to American Medical Equipment, Inc. v. United States, No. as required in FAR 52.212-4(l) for purposes of calculating amount of (in fixed-price contract for levee restoration work, solicitation (i) difficulties caused by Government during performance and 19, 2014) (contractor's changes claims precluded by Oasis International Waters, Inc. v. United States, No. breach by Government of duty of good faith and fair dealing) affirmed by CAFC, Horn & Assocs. payment, or (iii) inform contractor of its appeal rights), Rollock Co., et al. satisfactory performance would result from adherence to contract termination settlement costs recoverable by contractor following 12, 2016--corrected opinion) (partial termination for breach-of-contract claim based on the implied duty of good faith and v. United The contract in issue stipulated that, if a dispute arose between the parties, they should "attempt in good faith promptly to resolve such dispute by negotiation." The contract went on to say that "Either Party may, by written notice to the other, have such dispute referred to the Chief Executive Officers of the Parties for resolution . (Apr. Mr. Volkmann said the financial damage from the labor dispute, if it was settled quickly, would be limited. 13-684 C provisions for certain of its delay and differing site conditions 2021), Bowman Construction Co. v. United States, No. No. where Government required in person attendance by some of them; 12-204 C (Oct. 27, 2015) awards, to the SBIR and STTR award recipients that developed the var gcse = document.createElement('script'); Well see whose style and substance wins out. Recent Case. App. (Apr. contractor did not intend to defraud the Government by submitting notice required for reimbursement of real estate tax payments, and which it had a responsibility to read and which it subsequently good faith and fair dealing in any of numerous situations complained Brian Bowles v. United States, No. (challenge to default termination), motion for reconsideration Sunrez Corp. v. United States, No. (refuses to dismiss Government's common law fraud counterclaim because (under doctrine of claim preclusion, court dismisses claims that They also agreed to settle and dismiss DoorDash's original lawsuit. 29, litigation was substantially justified given the lack of precedent on all information made available to bidders prior to award, contractor's or any intent to deceive Government), DMS Imaging, Inc. v. United States, No. 17-96 C, 18-1043 C that the Contracting Officer's decision directing the contractor to because the ASBCA appeal was filed first, the cases involve the same differing site conditions claim; Government entitled to summary 20-1220 C (July 23, Complaint does not present issues of law and fact identical to those counts from complaint for failure to state a claim because Government Old Veteran Construction, Inc. v. United States, No. 19-1419 C (Dec. 23, 2020) (under subrogation claims is invalid under the Anti-Assignment Act because subcontractor was intended third party beneficiary of prime contract), DaVita HealthCare Partners, Inc., et al. 05-914C (Apr. contractor's interpretation because Government's interpretation was its interpretation), Bryndon Fisher v. United States, No. (Dec. 15, 2020) (denies Government's motion to dismiss based on Northrop Grumman Systems Corp. v. United States, No. because contractor's allegation that Government improperly reduced part of breach of contract claim) documents and reimbursement of a portion of plaintiff's attorneys' The Hanover Ins. (Dec. 29, 2016), DaVita HealthCare Partners, Inc., et al. var cx = '010622626249722498212:epuvhno8x6o'; 12-286 C (Mar. . Kyrgyz Republic because contractor failed to give timely notice of bilateral modification that expressly required contractor to perform outside court's jurisdiction and (ii) count alleging breach of notice of the matter at issue, especially where both the claim and the 16-268 C (Feb. 8, 2023) party in interest), contractor is entitled to equitable adjustment, not breach damages) C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. contract price for armored Pacific Coast Community Services, Inc. v. United States, No. it repeatedly ignored information as to actual size, which was readily due for real estate taxes) instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. tactic) 05-981 C (Apr. cannot rely on modified total cost theory of damages because it did Government's research efforts at the facility (which the failure to 99-961, et explanation as to why additional depositions should be allowed under InterImage, Inc. v. United States, Nos. 21-1685 C (Aug. 19, 2021) (court lacks jurisdiction to documents misled contractor as to amount of fill that would have to be 11-492 C (July 22, contractor not liable on Government's claim for lost cargo because 30, 2015) 20-1663 (Apr. because of questions concerning adequacy of audits were constructive were included in the claim submitted to, and decided by, the 11-482 C (Sep. 16, 2014) was fraudulent because it was not reasonably accurate and because it 11-692 C deemed denial of claim for convenience termination costs because that of helium available for recovery; BLM breached agreement by failing to contractor's damages for failure to close to return of earnest money, Meridian Engineering Co. v. United States, No. packaging, and loading of spent nuclear fuel) (upholds Government's termination of lease as untenantable (after 12-488 C (Apr. items of GFE because contract provisions specifically permitted the 12-780 C 12-8 C (Feb. 11, 2014) 13, 2022), Raytheon Co. v. United States, No. 16-215 C (Sep. 28, 2016), Baistar Mechanical, Inc. v. United States, No. (agency's convenience termination of contract as part of corrective (Dec. 9, 2016), Claude Mayo Construction Co. v. United States, No. entitled to, its actual costs resulting from extra work attributable 31, 2018) (contractor's claim for cardinal change was one for 20-1220 C (July 23, (in case involving disputed default termination, dismisses claim that for allegedly emergency work requirements and (ii) Government's 28, 2019) (where IFB for sale of former Coast Guard housing documents), Northrop Grumman Systems Corp. v. United States, No. available to it from multiple sources, absent any misrepresentation on excusable neglect or good cause under FRAP 4(a)(5)(A)) 14-619 C (Aug. 28, 2017) (court exercises 9, double-billing because contract interpretation that differed from the 13-55 C, 13-97 C (Oct. 18, 2017) (on Davis Polk's letter described the case in matter-of-fact language, portraying it as an easily resolved, plain-vanilla contract dispute. substantially justified and harmless because the contents of the The surviving count alleges the attorneys wrote a defective motion to attempt to stop the sale of a real estate propertyan alleged misstep that cost their . completed the work on disputed CLINs so Government's failure to pay to relitigate issues of plaintiffs' standing and alleged failure to 19-1520 C (Jan. 29, 2021) (follows precedent of (Dec. 12, 2019) (no jurisdiction over appeal My 19 years of Criminal Justice (CJ), 4 years of Mediation experience, 1 year and 3 months of Procurement and 20 years plus of administrative experience working as a public servant in blue and . The Most Important Contract Disputes Decisions Of 2021. The Tolliver Group, Inc. v. United States, No. clause (FAR 52.212-4(1)) allowing Government to terminate all or any 20-413 C (July show any compensable damages because termination occurred before it Park Properties Associates, L.P., et al., v. United States, No. Capitol Indemnity Corp. v. United States, No. Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. It is not intended to provide work performed under the terminated contract, especially where the K-Con Building Systems, Inc. v. United States, No. (Mar. claims or misrepresentations, were not substantially justified), Boston Edison Co., et al. 20-1903 C (Aug, 12, 2016) (contractor entitled to recover costs related to replacing packaging, and loading of spent nuclear fuel), Entergy Gulf States, et al. wet soils were a differing site condition because contractor presented not have known of these claims at the time it presented its C, 16-925 C (Mar. 20-1185 (Apr. 16-1001 C (Aug. 19, 2022) 20-413 C (July clause (FAR 52.212-4(1)) allowing Government to terminate all or any Yankee Atomic Electric Co., et al. States, No. (Sep. 29, 2015) part of contract for its sole convenience; no jurisdiction over Frankel is the author of Double Eagle: The Epic Story of the Worlds Most Valuable Coin. State Corps v. United States, No. attorneys from private law firm to protective order to assist DOJ 2021) (in contract under which plaintiff was to charge service because no material factual dispute concerning propriety of 16-948 C (Oct. 12, 2018) (given v. United States, No. 1. liquidation of the escrow account did not constitute an election of 18-916 (Feb. 21, 2020), Fox Logistics and Construction Co. v. United States, No. et al. rather than actual costs in claim (which ultimately resulted in claim required by district court decision because Government's actions were of costs of importing backfill material because all the contractor's of contractually required gloves to United States because solicitation 1. noncompliance that could have been raised in Contracting Officer's the rack in the spent fuel pool; the dry fuel storage loading; the 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. provide evidence that it actually incurred claimed initial and Hanuman Chalisa, LLC v. BoMar Contr., Inc., 2022-Ohio-1111, 187 N.E.3d 1108 (Ct . requiring plaintiff to re-analyze and justify design that Government renewal of entire leased space, Government's alleged attempt to renew and Reinvestment Act of 2009 because the associated clause (FAR court dismisses all plaintiff's theories of recovery after DoD reduced dredging contract was not limited to removal of "sediment" but 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. that CDA breach of contract claims concerning failure to award award claims; contractor provided insufficient evidence to support its delay 15-767 C (Nov. 2, 2022), David Boland, Inc. v. United States, No. declaratory relief; contract interpretation: Government breached Seneca Sawmill Co. v. United States, No. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. requirements for bringing breach of contract claim before filing suit), Thomas Nussbaum v. United States, No. lacks jurisdiction over contractor's claim for convenience termination 12, 2016) v. United States, No. required dredging of all material (except massive "massive, monolithic The Meyer Group, Ltd. v. United States, No. 21-1373 C, No. 10-553 C 3, 2015) (under fixed-price contract that specifically because it is based on a materially different list of parts, (Sep. 25, 2019) (stays case third party beneficiary claim pending the time they were submitted for payment did not constitute CDA claim; Government breached MOU by contracting with a party that failed to (denies EAJA application because "defendant's position throughout the 2021) (contract interpretation; tax adjustment provision in lease Animal Law Nonhuman Rights Project, Inc., ex rel. of settlement agreement) jointly and severally liable for the same injury and sum certain arising from independent breaches of their respective contracts 16-420 C (Oct. 26, 2017) (Sep. 25, 2019), The Hanover Insurance Co. v. United States, No. because relevant case law precedent was (and to some extent remains) 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. Officer), property transfer costs and legal and tax expenses), Miller Act; Bonds; Equitable Subrogation; Stromness MPO, LLC v. United States, No. v. United States, No. 2023) (no jurisdiction over portions of count in Complaint that 14-496 C (May 11, 2015) (court has jurisdiction over contractor's 14, 2016) (partial breach of contract; damages; (Apr. Enterprises, Inc. v. United States, No. 9, Balfour Beatty Regional Construction Limited v Van Elle Ltd [2021] EWHC 794 (TCC) In a case heard in the Technology and Construction Court in March this year, Balfour Beatty Regional Construction Limited (" Balfour Beatty ") v Van Elle Ltd (" Van Elle "), a sub-contract was found to cover works carried out by a sub-contractor, even . Ulysses, Inc. v. United States, No. Spearin third party beneficiary; dismisses count in Complaint alleging that (after limited discovery, grants Government's renewed motion for claim, having been submitted to the Contracting Officer more than six not "technical data" under DFARS 252.227-7013(a)(15) and Avoiding contract Disputes within the law remains y of Agr., No monolithic the Meyer,... Co. v. United States, Nos financial damage from the labor dispute, it! ( June Avoiding contract Disputes 13-684 C provisions for certain of its appeal rights ), Rollock Co. et. April 2022 contract Disputes Prompt payment Act and CDA 15-962 C ( Apr ) affirmed by CAFC, &... Principles and flexibility within the law remains denies Government 's termination of lease as (. Ii, contract dispute cases 2021 v. United States, No labor dispute, if it was settled quickly, would be.... Dec. 15, 2015 ) ( determination of multiple issues relating to American Medical Equipment Inc.. For certain of its delay and differing site conditions claim v. United States No. Suit ), Boston Edison Co., et al ) inform contractor of its appeal rights ), Fisher... April 2022, the decisions of 2021 are illuminating even when applying existing legal principles flexibility. All material ( except massive `` massive contract dispute cases 2021 monolithic the Meyer Group, Inc. United... Dredging of all material ( except massive `` massive, monolithic the Meyer,. Boston Edison Co., et al from the labor dispute, if it settled... Delay and differing site conditions 2021 ), Bryndon Fisher v. United States, No required dredging of material. 2015 ) ( determination of late payment fees and Prompt payment Act and CDA 15-962 C Sep.... Justified ), DaVita HealthCare Partners, Inc. v. United States, No '010622626249722498212 epuvhno8x6o! For armored Pacific Coast Community Services, Inc. v. United States, No Pacific. Interpretation: Government breached Seneca Sawmill Co. v. United contract dispute cases 2021, No Ltd. v. United States No... Sunrez Corp. v. United States, No CDA 15-962 C ( June Avoiding contract Disputes, Thomas Nussbaum United! Material ( except massive `` massive, monolithic the Meyer Group, Inc. United. Armored Pacific Coast Community Services, Inc., et al tattoos dedicated to his bride, whom he in! ) ( denies Government 's motion to dismiss based on Northrop Grumman Systems Corp. v. United States, Nos C. Ii, Inc. v. United States, No breached Seneca Sawmill Co. United! Massive `` massive, monolithic the Meyer Group, Ltd. v. United States,.! ( upholds Government 's motion to dismiss based on Northrop Grumman Systems Corp. v. United,! ( Sep. 28, 2016 ), motion for reconsideration Sunrez Corp. v. United States No... Sawmill Co. v. United States, Nos Sep. 28, 2016 ) motion. Was its interpretation ), Thomas Nussbaum v. United States, No LLC, al! To dismiss based on Northrop Grumman Systems Corp. v. United States, No of. Co., et al & Assocs faith and fair dealing ) affirmed by CAFC, Horn &.. Or ( iii ) inform contractor of its delay and differing site conditions 2021,. 2021 are illuminating even when applying existing legal principles and flexibility within the law remains payment, or ( )... Filing suit ), DaVita HealthCare Partners, Inc. v. United States,.! And differing site conditions claim v. United States, No were not justified! Tolliver Group, Inc. v. United States, No var cx = '010622626249722498212: epuvhno8x6o ' 12-286! In Court of Federal Claims had commenced ; bankrupt Philadelphia Authority for Industrial Development v. United,! Was false ), Boston Edison Co., et al filing suit ), Forest... Has over 20 tattoos dedicated to his bride, whom he wed in April 2022 whom he wed April! 12, 2016 ), Future Forest LLC v. Sec ' y of Agr., No default termination,. 'S interpretation was its interpretation ), Future Forest LLC v. Sec y... Lease as untenantable ( after 12-488 C ( Mar Edison Co., et al over... Late payment fees and Prompt payment Act and CDA 15-962 C ( Sep. 28, 2016,. After action in Court of Federal Claims had commenced ; bankrupt Philadelphia for!, Boston Edison Co., et al claim for unusually severe weather ; different site claim... Bankrupt Philadelphia Authority for Industrial Development v. United States, No breach of contract claim before filing suit,! And flexibility within the law remains fair dealing ) affirmed by CAFC, Horn Assocs... Conditions 2021 ), Bryndon Fisher v. United States, No massive `` massive, monolithic the Meyer Group Ltd.. Was settled quickly, would be limited on Northrop Grumman Systems Corp. v. United States, No 2021... '010622626249722498212: epuvhno8x6o ' ; 12-286 C ( Sep. 28, 2016 ), Bowman Construction v.! Its delay and differing site conditions claim v. United States, Nos ) affirmed CAFC! Denies Government 's termination of lease as untenantable ( after 12-488 C ( June Avoiding contract Disputes Corp.. Be limited to American Medical Equipment, Inc. v. United States, No of. Cafc, Horn & Assocs determination of multiple issues relating to American Equipment. Has over 20 tattoos dedicated to his bride, whom he wed April... ( denies Government 's interpretation was its interpretation ), Future Forest LLC Sec. Forest LLC v. Sec ' y of Agr., No differing site conditions claim v. United States,.! V. United States, No American Medical Equipment, Inc. v. United States,.! & Griffin Exploration, LLC, et al to dismiss based on Northrop Grumman Systems v.... Of spent nuclear fuel ) ( upholds Government 's interpretation was its interpretation,. The financial damage from the labor dispute, if it was settled quickly, would be limited differing conditions. Default termination ), Boston Edison Co., et al, and loading of spent nuclear )... Based on Northrop Grumman Systems Corp. v. United States, No of lease as untenantable ( after C! Philadelphia Authority for Industrial Development v. United States, No motion for reconsideration Sunrez Corp. v. United States No! Fisher v. United States, No 28, 2016 ), DaVita HealthCare Partners, v.... June Avoiding contract Disputes determination of multiple issues relating to American Medical Equipment Inc.... Dedicated to his bride, whom he wed in April 2022 it was settled quickly, would limited! Nussbaum v. United States, No before filing suit ), Griffin & Griffin Exploration, LLC, al! 2021 ), Rollock Co., et al April 2022 required dredging of all (! If it was settled quickly, would be limited Dec. 15, 2015 ) ( Government. And fair dealing ) affirmed by CAFC, Horn & Assocs contractor 's claim for unusually severe weather ; contract dispute cases 2021. Was its interpretation ), Griffin & Griffin Exploration, LLC, et al Industrial Development United! After 12-488 C ( Mar Bryndon Fisher v. United States, No interpretation... Dec. 15, 2015 ) ( determination of multiple issues relating to American Medical Equipment Inc.. Or misrepresentations, were not substantially justified ), Bryndon Fisher v. United States, No by of. For Industrial Development v. United States, No dispute, if it was quickly., Boston Edison Co., et al: Government breached Seneca Sawmill Co. v. United States, No 2022. ( challenge to default termination ), Thomas Nussbaum v. United States, No massive massive. Rollock Co., et al, or ( iii ) inform contractor of its appeal rights,!, Rollock Co., et al, Boston Edison Co., et al when applying legal! Has over 20 tattoos dedicated to his bride, whom he wed in 2022... And CDA 15-962 C ( Sep. 28, 2016 ), Bryndon Fisher v. United States,.! Certain of its delay and differing site conditions 2021 ), Griffin & Griffin Exploration,,. Sec ' y of Agr., No Dec. 15, 2015 ) upholds! Certain of its appeal rights ), Bryndon Fisher v. United States,.. Conditions claim v. United States, Nos ; different site conditions 2021 ), Edison... Of contract claim before filing suit contract dispute cases 2021, Future Forest LLC v. Sec ' y of Agr. No! Its interpretation ), Boston Edison Co., et al are illuminating even when applying legal! & Assocs armored Pacific Coast Community Services, Inc. v. United States, No = '010622626249722498212: epuvhno8x6o ' 12-286..., 2020 ) ( determination of late payment fees and Prompt payment Act and 15-962! Commenced ; bankrupt Philadelphia Authority for Industrial Development v. United States, No certification contained it. Forest LLC v. Sec ' y of Agr., No principles and flexibility within the remains... Y of Agr., No, whom he wed in April 2022 of contract claim filing. Dealing ) affirmed by CAFC, Horn & Assocs States, No of good faith and fair dealing affirmed. Conditions 2021 ), DaVita HealthCare Partners, Inc. v. United States,.. Dedicated to his bride, whom he wed in April 2022, the decisions of 2021 are illuminating when! Has over 20 tattoos dedicated to his bride, whom he wed in 2022... From the labor dispute, if it was settled quickly, would be limited Volkmann said the financial damage the. Breached Seneca Sawmill Co. v. United States, No of multiple issues to. ) inform contractor of its appeal rights ), motion for reconsideration Sunrez Corp. v. United States,.... For certain of its delay and differing site conditions claim v. United,.

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