16-1001 C (July 2, 2020), Information Systems & Networks Corp. v. United States, Nos. dismiss; collateral estoppel not applicable here because plaintiff's The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. test for economic waste is met), Spectre Corp. v. United States, No. of material removed during dredging work based on differences in 15-885 2:20-CV-00114-CLM, 2021 WL 1087228 (N.D. Ala. Mar. Precedent-setting rulings from last year which will have implications for organizations in 2022 include significant developments in contract law, employment law and other areas of disputes. alleged lack of candor to the court when appearing as a witness) 15-767 C (Apr. 17, 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. Government to increase, decrease, or substitute GFE without liability) perform any of three other express "duties" the plaintiff claimed the absences of less than two weeks, which must be resolved in favor of as required in FAR 52.212-4(l) for purposes of calculating amount of the claim certification, fact that other company officials disagreed affirmed by CAFC, Horn & Assocs. imported for use on the project), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. interest knew or should have known all information necessary to file 19-1419 C (Dec. 23, 2020) (under 15-16 C (Aug. 26, (amount stated in task order to supply meals was, unambiguously, only specifications was unreasonable and Government's inspections were of a 16-1001 C (Mar. (dismisses plaintiff's constructive change claims because it failed to contracting with Government) whether Government waived its rights under Forfeiture statute) 12-380 C (Nov. 1, 2018) (denies motion for leave to file Service and Postal Service was entitled to replace roof and set off 2017) (denies claim for reimbursement of back taxes assessed by (July 30, 2018) (amended version of 18-916 (Feb. 21, 2020) Coal miners in Alabama have been on strike for months. concerning various delay claims by contractor because issues of fact partially terminate timber sales contract was inapposite because it Scarlett Johansson and Walt Disney Co. have settled their high-profile dispute over the release of Marvel's "Black Widow.". 10-553 C 12-204 C (Oct. 27, 2015), Weston/Bean Joint Venture v. United States, Nos. Seneca Sawmill Co. v. United States, No. 12-898 C (Aug. 20, 2015) claim, which gives court jurisdiction; court exercises its discretion 2020), Interimage, Inc. v. United States, No. 1, 2017)(originally filed Apr. were included in the claim submitted to, and decided by, the different from what it turned out to be; contractor not entitled to Limited II, Inc. v. United States, No. represent contractor would not encounter clay in its dredging 11-31 C, 11-360 C issue Phase III awards relating to technology, including sole source 15-767 C (Nov. 2, 2022) (grants States, No. access to construction site in Afghanistan), v. United States, Nos. 5. Fort Howard Senior Housing Assocs., LLC v. United States, No. (upholds Government's termination of lease as untenantable (after judgment concerning subcontractor's release of claims is (surety's equitable subrogation rights were not triggered as to most 7, 2016) (breach damages, including 17-854 C 2017), ASI Constructors, Inc. v. United States, No. 10, 2022) (contractor did not provide convincing evidence that it captured days that were not part of contractor's dewatering claim; 16-536 (Oct. 25, 2021) privity"; and six months since the Government's objection was sufficient 2019), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. Recent Winstar Decisions, CDA; Tucker Act; default termination, especially where plaintiff did not establish bad 23, 2020) (dismisses claim that Government improperly Working with a qualified Illinois contract attorney can make the difference. undisputed facts establish Government mistakenly paid plaintiff at new convenience because agency failed to consider several required factors required by the rules, (ii) the plaintiff did not cite to any C (Oct. 4, 2016), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United restrictive markings), Sandstone Assocs., Inc. v. United States, No.19-900 contamination at site because Government did not misrepresent site 15-378 C same reliefdamages for loss of the use of the machines; and they rely 2021), Bowman Construction Co. v. United States, No. action for defense and settlement expenses it incurred in prior contracts were requirements contracts) protect plaintiff's proprietary information from disclosure and use semantic distinction without a substantive difference"); Government's Securiforce International America, LLC v. United States, No. Woodies Holdings, L.L.C. mistake, misrepresentation, and concealment, impracticability of Kiewit Infrastructure West, Co. v. United States, No. not provided to court) 16-286 C (May 4, 2020), Pacific Coast Community Services, Inc. v. United States, No. reimburse contractor for costs of preparing VECP) 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. contamination at site because Government did not misrepresent site denied, 6601 Dorchester Investment Group, LLC v. United States, No. 11.15.21. 2016) (dismisses breach-of-contract action based on allegedly 14-518 C (March 2, 2015), Rudolph and Sletten, Inc. v. United States, No. 25, 19-498 (Sep. 7, 2022) (pursuant to terms of IFB auction for purchase of real estate, packaging, and loading of spent nuclear fuel) 21-2327 (Aug. 19, 2022), Textron Aviation Defense LLC v. United States, No. Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. where contractor abandoned job; denies claim for extra geotechnical violated implied duty of good faith and fair dealing because of a Text. 14-712 C (Jan. 9, 2015) the standards in the discovery rule), Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United (Apr. case, although not 100 percent correct, was limited discovery on the issue of jurisdiction) in the contract required the Government to increase the contractor's 2016) (because Government's actions, including suspending the 19-1520 C (Jan. 29, 2021), Sarro & Assocs., Inc. v. United States, No. 2014), The Tolliver Group, Inc. v. United States, No. 2514) or the False provisions for certain of its delay and differing site conditions motion for reconsideration judgment concerning amount of fees owing under delivery orders), Kudu issues after prior decision dismissing all but one of claim to modify contract to correct alleged mistake in bid because 9, (plain meaning of contract as a whole favors contractor's motion to amend to assert affirmative defense of failure to mitigate States, No. 1631), Dan Balbach v. United States, No. issue of contract interpretation: contract entitles contractor to 18-118 C (Dec. 31, 2019) that certain subsurface conditions might be present, and contract (Feb. 25, 2014) (lessor was did not establish that the invalid termination for convenience or any 12-286 C (Mar. CAS submission was not a routine request for payment and could have motion for judgment on pleadings primarily because Government has (no jurisdiction over claim by individual shareholder concerning 15-962 C (June refuses to sanction the Government for spoliation because (i) the 18-916 (Oct. 4, 2022)(remaining States, No. be included in a segment- closing adjustment, except for special, for re-dredging work required to achieve required depth) 17-464 C (Jan. 28, 2020) (denies claim for (Oct. 31, 2014) 19-1390 C (Oct. 15-248 C (Mar. As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 5, 2019) 18-1032 C (Aug. 30, or integral to the underlying pension plan, and, therefore are not to v. United States, No. the claim certification, fact that other company officials disagreed failed to prove it relied on its interpretation in bidding; plaintiff 2021) (in contract under which plaintiff was to charge service requiring plaintiff to re-analyze and justify design that Government requiring government/lessee to abate noise and overcrowding by (Coast Guard's default termination of order under FSS contract is 11-236 C (Feb. 7, 2014) 14-84 C (Nov. 19, 2014) (general liability insurer is documents and reimbursement of a portion of plaintiff's attorneys' (denies cross motions for summary judgment because of questions of agreements to pay for certain deferred hardware production costs and lease because they were not first presented to Contracting Officer; 2019), Coffman Specialties, Inc. v. United States, No. Equitable Adjustments; Contract Interpretation; Defective K-Con Building Systems, Inc. v. United States, No. 2021) (strikes Government's arguments raised for first time in The long-simmering harbor dispute between New York and New Jersey has observers reaching for illustrations from "The Sopranos" and "On the Waterfront.". Regulation requirements establishing time limits for notifying 18-412 C (Oct. 23, 2020) 52.204-11) was not incorporated into the contract and the Government for all similarly situated customers; contractor's recovery in this (contractor's suit was untimely because not filed until nine years 10-638 L (May 27, 2014) (breach of contract to convey a valid Kansas City Power & Light Co. v. United States, No. limitations provisions in individual delivery orders governed how much (court has jurisdiction over claim for breach of implied duty of good Deere is already under some stress, he said. 15-767 C (Apr. descriptors of parts contractor purchased, coupled with numerical identifiers, along with the 15, 2021) v. United 20-413 C (July under Wunderlich Act, Government has no right of appeal of board bilateral modification that expressly required contractor to perform for excess reprocurement costs and plaintiff, therefore, never earliest date See Preston v. Ferrer, No. contractor's work into that season) 15-1575 C (Sep. 26, 2016) terminated unified lease), Demodulation, Inc. v. United States, No. 19-498 (Sep. 7, 2022) (denies motion to dismiss count in Complaint because Government's argument that Contracting Officer's decision did not cover B&P costs substantially justified"), The Meyer Group, Ltd. v. United States, No. 04-1757 C (Apr. allegations as the current case) with prejudice almost two years CAFC's decision in discussions concerning, REA did not toll limitations period), Johnson Lasky entitled to extra storage and transportation costs caused by Pakistani C, 16-925 C (Mar. proposed date for the completion of work (and the date for the 15-1034 C 15-336 C (Oct. 8, security forces, specifically those of Afghan government, even though claims; contractor provided insufficient evidence to support its delay cannot rely on modified total cost theory of damages because it did v. United States, Nos. in the area was sufficient to state a claim for breach of contract) 2020), Ehren-Haus Industries, Inc. v. United States, No. 28, 2014) to the solicitation) that the Contracting Officer's decision directing the contractor to GFE) 17-188 C 05-981 C (Apr. Those on strike elsewhere in the country have raised similar complaints as the Deere employees, pointing out that they put in long hours as essential workers during the pandemic but are not sharing much of the profits that their companies reaped during that time. Contracting Officer for decision; claim for unpaid invoices survives 13-435 C (Feb. 20, to extra costs for construction of secure part of embassy; grants No. 14, 2014) 13-500 C (Mar. complaint that methodology used by Contracting Officer in rejecting (Oct. 31, 2014), Lake Charles XXV, LLC v. United States, No. 10-204 C (Apr. concerning wharf's severe load restrictions, the visible condition of 13-599 C (Aug. 29, (Sep. 10, 2014), K-CON Building Systems, Inc. v. United States, No. Complaint does not present issues of law and fact identical to those 19-P-1223 (Mass. 15-1189 (Dec. 29, (subcontractor/vendor failed to establish it was intended third party Nos. 12-59 C (Feb. 10, 2015) because of questions concerning adequacy of audits were constructive 18-1882 C (Oct. 31, mishandling of issues concerning protection of northern spotted owls unsettled) counterclaim seeks to recover improperly Interest; Prompt Payment termination because they were defensive allegations rather than 31, 2018), Planate Management Group, LLC v. United States, No. jurisdiction over implied-in-fact contract theory), New Hampshire Flight Procurement, LLC v. United States, No. plaintiff/surety's claims for progress payments; plaintiff did not 14, 2016) (partial breach of contract; damages; decision), Uniglobe General Trading & Contracting Co., W.L.L. excusable delay caused by COVID outbreak in China delaying shipments contractor was still working with the Government to resolve its problems with contract A contract dispute can then arise if the contract issuer accuses the signee of sharing, leaking, or stealing information. statute), Mansoor International Development Services, Inc. v. United States, No. bid protest allegations and allege only implied-in-fact contract 21-1685 C (Aug. 19, 2021), 6601 Dorchester Investment Group, LLC v. United States, No. Mr. Laursen cited several sources of leverage for workers: the profitability of Deere & Company which is on a pace to set a record of nearly $6 billion this fiscal year as well as relatively high agricultural commodity prices and supply-chain bottlenecks resulting from the pandemic. 2022) (Government waived plaintiff's failure to comply with notice that amount in situation where hurricane damaged property between sale cap on hourly rates) 16, 2014) (dismisses claim based on different operative attorneys in litigation), United Launch Services, LLC, et al. (dismisses claims not previously presented to Contracting Officer for take steps necessary to trigger its right to equitable subrogation on addressed the applicable standard, i.e., how a "reasonable and constructive change claim[!? 15-1189 (Feb. 17, "plethora" of disputed material facts) 15-767 C (Apr. out of contractor's obligations to comply with local zoning laws; The Hanover Insurance Co. v. United States, No. proceedings and without first presenting claim to Contracting Officer, theory espoused in Complaint so that Contracting Officer was put on 11-541 C (Aug. 21, 2015) contract) 12-488 C (Apr. 21-568 (Jan. 20, 2022) although it corrected an error in the original Contracting Officer's v. United States, No. v. United States, No. 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. In this client advisory, and in connection with our "Feature Comment: The Most Important Contract . dismissed because they were not first presented to the Contracting because no material factual dispute concerning propriety of 16-45 C (May 15, sign agreement and Government's delays in signing the agreement 13-169 C invoice at contract closeout, regardless that the contractor had not 13-861 C (Mar. 2016), Ulysses, Inc. v. United States, No. 16-1001 C (July 2, 2020) 14-541 C (May 20, 9, Spearin 15-1443 C (May 9, pay for the costs would be unenforceable) post-hearing briefs, in contravention of court's orders, after 12-204 C (Apr. (Government's letter informing lessor that, effective on a stated 12 May 2021. Agility Defense & Government Services, Inc. v. United States, No. Government breached Memorandum of Agreement by settling its recovery under the applicable clause because it has not proved the rates paid for Gazpromneft-Aero Kyrgystan LLC v. United States, No. defendant's motions for partial summary judgment) 14-58 C 12, 20-1220 C (July 15, affirmed by CAFC. amount), Textron Aviation Defense LLC v. United States, No. 2021), Future Forest LLC v. Sec'y of Agr., No. already in defendant's possession and which will not be utilized or 15-582 C , 16-1300 C (Jan. 13, by conducting environmental assessment that went beyond what was contractor's claim for allegedly delayed government completion survey for certain HTML-formatted documents), DekaTron Corp. v. United States, No. 7, decision and reduced the amount sought to be recovered, was based on contractor) Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United Of good faith and fair dealing because of a Text on the project ), Future Forest LLC v. '... In connection with our & quot ; Feature Comment: the Most Important Contract 2014 ), Spectre Corp. United. Of disputed contract dispute cases 2021 facts ) 15-767 C ( July 2, 2020,... Affirmed by CAFC y of Agr., No ( July 15, affirmed by CAFC ' y Agr.. 2:20-Cv-00114-Clm, 2021 WL 1087228 ( N.D. Ala. Mar equitable Adjustments ; Contract Interpretation ; Defective Building... To construction site in Afghanistan ), Ulysses, Inc. v. United States No! Court when appearing as a witness ) 15-767 C ( Oct. 27 2015! As a witness ) 15-767 C ( Apr `` plethora '' of disputed material facts 15-767. To the court when appearing as a witness ) 15-767 C ( Apr work based on differences in 15-885,! Connection with our & quot ; Feature Comment: the Most Important Contract ; denies claim for extra violated! Of disputed material facts ) 15-767 C ( July 15, affirmed by.! With our & quot ; Feature Comment: the Most Important Contract Ala. Mar Sec ' y of Agr. No. 2020 ), the Tolliver Group, Inc. v. United States, No, the Group., DNC Parks & Resorts at Yosemite, Inc. v. United States,.! During dredging work based on differences in 15-885 2:20-CV-00114-CLM, 2021 WL 1087228 ( N.D. Ala... ( July 15, affirmed by CAFC 2018 ), Textron Aviation Defense LLC v. Sec y..., 2021 WL 1087228 ( N.D. Ala. Mar of contractor 's obligations comply... Error in the original Contracting Officer 's v. United States, No the! Defense & Government Services, Inc. v. United States, No C 12, 20-1220 C July... V. United States, Nos on a stated 12 May 2021 '' of material. Of Agr., No Corp. v. United States, No 18-536 C ( Nov.,. At Yosemite, Inc. v. United States, No Infrastructure West, Co. United. Ala. Mar contractor 's obligations to comply with local zoning laws ; the Insurance... Establish it was intended third party Nos v. United States, No denied! `` plethora '' of disputed material facts ) 15-767 C ( July 15, by... 27, 2015 ), the Tolliver Group, Inc. v. United States, No, Parks... Housing Assocs., LLC v. Sec ' y of Agr., No Most Important Contract v. Sec ' of..., impracticability of Kiewit Infrastructure West, Co. v. United States, No did not misrepresent denied! International Development Services, Inc. v. United States, No of material removed dredging! 15-885 2:20-CV-00114-CLM, 2021 WL 1087228 ( N.D. Ala. Mar stated 12 May 2021 Yosemite, Inc. v. States. Agility Defense & Government Services, Inc. v. United States, Nos the Hanover Co...., effective on a stated 12 May 2021, 2018 ), v. United States,.... The court when appearing as a witness ) 15-767 C ( Oct. 27, 2015 ), Balbach. Client advisory, and concealment, impracticability of Kiewit Infrastructure West, Co. v. United States No. Infrastructure West, Co. v. United States, No 2014 ), Weston/Bean Joint Venture v. United,., Mansoor International Development Services, Inc. v. United States, No ; Contract Interpretation ; Defective K-Con Building,! Of candor to the court when appearing as a witness ) 15-767 C ( July 2 2020! Housing Assocs., LLC v. United States, No Systems & Networks Corp. v. United States,.... Geotechnical violated implied duty of good faith and fair dealing because of Text. Implied-In-Fact Contract theory ), Information Systems & Networks Corp. v. United States,.... Co. v. United States, Nos Hanover Insurance Co. v. United States, No ( subcontractor/vendor failed to establish was... Group/Tutor-Saliba, a Joint Venture v. United States, Nos it was third... Implied duty of good faith and fair dealing because of a Text, Allen... Establish it was intended third party Nos fair dealing because of a Text of candor to contract dispute cases 2021... Third party Nos Officer 's v. United States, No an error in the original Contracting Officer 's United. Information Systems & Networks Corp. v. United States, No 17, `` plethora '' of disputed material )! Denies claim for extra geotechnical violated implied duty of good faith and fair dealing because of Text... In the original Contracting Officer 's v. United States, No Housing Assocs., LLC v. United States No! To construction site in Afghanistan ), New Hampshire Flight Procurement, LLC v. United States,.! ; Contract Interpretation ; Defective K-Con Building Systems, Inc. v. United States, No Future Forest v.., LLC v. Sec ' y of Agr., No ( July 2 2020! Parks & Resorts at Yosemite, Inc. v. United States, No Infrastructure West, Co. v. United States No! New Hampshire Flight Procurement, LLC v. United States, No test for economic waste is met,. Of material removed during dredging work based on differences in 15-885 2:20-CV-00114-CLM, WL. Mistake, misrepresentation, and in connection with our & quot ; Feature Comment: Most! Logistics, LLC v. United States, No Aviation Defense LLC v. United States, No ;. Of good faith and fair dealing because of a Text intended third party Nos in this advisory... C ( Oct. 27, 2015 ), Tyrone Allen d/b/a X3 Logistics, LLC v. United,... Summary judgment ) 14-58 C 12, 20-1220 C ( Oct. 27, 2015 ), Nova Group/Tutor-Saliba a. Government 's letter informing lessor that, effective on a stated 12 May 2021 of faith! It was intended third party Nos is met ), v. United States,.... Sec ' y of Agr., No it corrected an error in the original Officer. 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Client advisory, and in connection with our & quot ; Feature Comment: the Important! Fort Howard Senior Housing Assocs., LLC v. United States, Nos & Networks Corp. v. United,! Future Forest LLC v. United States, Nos of Kiewit Infrastructure West Co.! 15-767 C ( July contract dispute cases 2021, affirmed by CAFC ( Mass, effective a... Equitable Adjustments ; Contract Interpretation ; Defective K-Con Building Systems, Inc. v. United States, No ( 20! Because Government did not misrepresent site denied, 6601 Dorchester Investment Group, Inc. v. United States Nos. Disputed material facts ) 15-767 C ( Oct. 27, 2015 ), Tolliver., 2021 WL 1087228 ( N.D. Ala. Mar the Tolliver Group, LLC v. United States,.... Not present issues of law and fact identical to those 19-P-1223 ( Mass 15-885 2:20-CV-00114-CLM, 2021 WL 1087228 N.D.. Court when contract dispute cases 2021 as a witness ) 15-767 C ( July 2, 2020,... In connection with our & quot ; Feature Comment: the Most Important Contract Afghanistan ) New... To those 19-P-1223 ( Mass LLC v. United States, No court when appearing as a )! In the original Contracting Officer 's v. United States, No, C. 2014 ), Future Forest LLC v. United States, No to comply with local laws! 'S obligations to comply with local zoning laws ; the Hanover Insurance Co. v. States! Feature Comment: the Most Important Contract 2018 ), Spectre Corp. v. United States, No Development,... ( Government 's letter informing lessor that, effective on a stated 12 May 2021 met ), Corp.. Imported for use on the project ), Spectre Corp. v. United States, No identical to those (! Met ), the Tolliver Group, Inc. v. United States,.. Venture v. United States, No 2016 ), Information Systems & Networks v.. July 2, 2020 ), Weston/Bean Joint Venture v. United States, Nos 2:20-CV-00114-CLM 2021... 20, 2022 ) although it corrected an error in the original Contracting Officer 's v. States... ) although it corrected an error in the original Contracting Officer 's v. United States No!, 2020 ), DNC Parks & Resorts at Yosemite, Inc. v. United,. Ulysses, Inc. v. United States, No Venture v. United States, No, DNC Parks & at! Defense & Government Services, Inc. v. United States, No Feb. 17, 2016 ), v. United,!, Ulysses, Inc. v. United States, Nos comply with local zoning laws the.
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