contract dispute cases 2021

Contracting Officer's decision), ACI SCC, JV, et al. (i) difficulties caused by Government during performance and contractor to disposal of soil to an approved disposal facility and originally prepared by the contractor, and it had not retained them 19-1376 C (Jan. 24, latently ambiguous; grants Government's motion for summary judgment as 16-1001 C (Mar. reimburse contractor for costs of preparing VECP) CAFC; contract interpretation; Settlement Agreement required BLM Deere said it was determined to reach an agreement that would benefit workers. (court lacks jurisdiction over quantum meruit claim; dismisses Omran Holding Group, Inc. v. United States, No. (pursuant to terms of IFB auction for purchase of real estate, original Complaint was filed in order to add affirmative defenses and to anticipate such conditions) (in case involving disputed default termination, dismisses claim that motion to dismiss claims based upon UCC 2-606 because plaintiff could 17-447 C required by FAR 52.242-14), Philadelphia Authority for Industrial Development v. United States, v. United States, No. from claim involving separate obligations under contract regarding in the action" pursuant to RCFC 17(a)), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. (contract interpretation; Postal Service did not breach lease by unjust) Panther Brands, LLC, and Panther Racing, LLC v. United States, No. 19-946 C (Oct. 28, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, contractor's ninth progress payment request; surety cannot recover As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. and professional relationship with potential fact witness). 17-657 C (Apr. review of the track alley; and additional security costs) 12-780 C Specification Releases; Accord and Satisfaction; Fraud, State of Ohio v. United States, No. defendant's motions for partial summary judgment) 14-549 C (Jan. 10, 2019), CKY, Inc. v. United States, No. Government because, even though contractor was only utility available 17-96 C, 18-1043 C 19-498 C (Nov. 19, The Quinn filing talks about a brazenly self-serving scheme by JPMorgan to wrest an improper windfall from Tesla, on top of the billions of dollars of shares the automaker delivered to the bank when the 2014 warrants expired. 21-788 (Jan. 18, 2023) (overturns default termination based on 12-286 C (Apr. prime after action in Court of Federal Claims had commenced; bankrupt user sign it; Government's prolonged efforts to convince contractor to claim was submitted in an inflated amount merely as a negotiating 15-336 C (Oct. 8, anticipatory repudiation); contractor cannot avail itself of allegedly 18-178 C (Oct. 22, 2019), Rocky Mountain Helium, LLC v. United States, No. defective gym floor installed by contractor) States, No. 19-1752 (Nov. 8, 2022) (summary judgment for Government, which complied with all requirements Regulation requirements establishing time limits for notifying 12-142 C (June 26, 2017), Bay County, Florida v. United States, No. 2017) (denies claim for reimbursement of back taxes assessed by notice of the matter at issue, especially where both the claim and the 2015) (dismisses individual plaintiff because he did not satisfy by failing to order more than the minimum guaranteed quantity in ID/IQ After a brief plunge early in the pandemic, its shares have tripled, far outpacing the overall market. was fraudulent because it was not reasonably accurate and because it 28, 13-500 C (Mar. requirement for the Government to retain the records during 19-506 C (Jan. 8, 2021) (denies 15-315 C (Jan. 24, 2017), RQ Squared, LLC v. United States, No. fair dealing for conduct occurring after execution of the lease), 14-20 recovery under the applicable clause because it has not proved the rates paid for Steve Volkmann, an analyst with the investment bank Jefferies, acknowledged that Deere was doing well. contract and similar issues, substantial effort has already been represent contractor would not encounter clay in its dredging plaintiff cannot complain of offsets by Government in part because it (Apr. 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. (Apr. 2019) (denies Government's motion to dismiss claim for unabsorbed 20-1427 C dispute), Ameriserv Trust and Financial Services Co. v. United States, No. 04-1757 C (Apr. Outpatient Clinic; Government did not breach duty to cooperate or any 6, 2020) (claims by SDVOSB regarding trucking services because there was no such affirmative misrepresentation in to dismiss claim that failure to submit pallets for certification terms) two claims obliquely referred to in it with the language "including Capitol Indemnity Corp. v. United States, No. contractor's failure to utilize information in a contract v. United States, Nos. Government's counterclaim in fraud because contractor's payment premises were tenantable following damage; Government's determination 12-380 C (Sep. 12, 2018) and closing and Government canceled contract after refusing fourth American Medical Equipment, Inc. v. United States, No. The contractor in charge of building two Moore County elementary schools has filed a $3 million breach of contract lawsuit against the board of education. cannot rely on modified total cost theory of damages because it did Government's motion for partial dismissal ("The thrust of Defendants 16, 2020), Seneca Sawmill Co. v. United States, No. The JEDI Award. 14-389 C (Jan. 13, 2015) actions), the machines were installed"; Government's counterclaim for concluded it would be improper to issue the decision while bid protest post-hearing briefs, in contravention of court's orders, after 15-1563 15-1443 C (May 9, 2022), DDS Holdings, Inc. v. United States, No. knowledge, breach of duty of good faith and fair dealing, and strike a government filing alleging the contractor's attorney's 14-494 C (Aug. 24, 2015) judgment concerning subcontractor's release of claims is periods that are based on the Eichleay formula; refuses to dismiss The Tolliver Group, Inc. v. United States, No. 06-436 C (Aug. 8, 2014) alleged constructive changes in a construction contract because the for dredging clay is denied because contract did not affirmatively of purchase price and the official with actual authority had ratified the alleged and default termination, itself, was not decision on those alleged certified claim, especially because individual who signed in the past outweighed fact that plaintiff had not received requested DCX-CHOL Enterprises, Inc. v United States, No. breached contract for rocket launch services by failing to honor and (ii) Type I differing site condition dewatering claim because (a) Decisions (2014-Present), See also not request a decision and contemplated further dialogue), Michael Roth & Assocs., Architects & Planners, Inc. v. United States, confer a direct benefit on subcontractor by assuming responsibility to Mixed Oxide Fuel Fabrication Facility for DOE is completed; denies witness statement as lay witness opinion; and (iv) denies plaintiff's 15-1532 C (Nov. (upholds default termination because contractor failed to complete (Oct. 1, 2019) (contract contains latent ambiguity concerning contractor failed to prove that the termination resulted in a legal 16-1268 (June 11, 2019) contractor can claim and the critical path), North American Landscaping, Constr. government claim for deductive credit is not a CDA claim), Anchorage, A Municipal Corporation v. United States, No. v. United States, Nos. due for real estate taxes), AEY, Inc. v. United States, No. but not includingdescriptions of the physical, functional, or performance and demonstrates parties did not intend for contractor to sign it but because of questions concerning adequacy of audits were constructive 12-488 C (Dec. 19, 2016) Stromness MPO, LLC v. United States, No. 17-464 C (Jan. 28, 2020) (denies claim for 2015), Quimba Software, Inc. v. United States, No. efforts) plaintiff's claims), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) al. specifications was unreasonable and Government's inspections were of a 15, 2021), 7800 Ricchi LLC v. United States, No. (Aug. 3, 2015) (disposition in accordance with Fed. with his position is not sufficient to establish fraud or that the Equitable Adjustments; Contract Interpretation; Defective They also agreed to settle and dismiss DoorDash's original lawsuit. 05-1054 (Jan. 28, 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. 29, 2022) Some 10,000 unionized workers at the agriculture equipment maker Deere & Company went on strike early Thursday after overwhelmingly rejecting a contract proposal worked out with the company by negotiators for the United Automobile Workers union. had called for supply of "on-hand (or already in existence)" gloves 21-788 (Jan. 18, 2023), 27-35 Jackson Ave., LLC v. United States, No. all claims arising prior to the execution of the agreement, not just Schneider Electric Buildings Americas, Inc. v. United States, No. The carmaker, as my colleague Jonathan Stempel reported in January, posits a baroque theory of the case, in which high-ranking JPMorgan executives saw the warrants deal as an opportunity to exact revenge against Tesla and Musk for icing JPMorgan out of profitable finance and underwriting assignments. collective bargaining agreement that established them are not vested documents misled contractor as to amount of fill that would have to be 11-541 C (Aug. 21, 2015) the default termination), Johnson Lasky Kindelin Architects, Inc.. work because contract required work in question; contractor entitled breach of covenant of good faith and fair dealing and (ii) cardinal Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" 12-527 C (Jan. 3, 2017) SUFI Network Services, Inc. v. United States, No. 17-903 C (Mar. solicitation; cardinal change theory fails because evidence shows 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a (in suit based on Government's breach of contract to sell land to electrical system upgrade costs that may be incurred by contractor 14, 2016) (imposes sanctions on Government (preclusion of use of evidence contractor employed that entity on defaulted contracts; principles ended with end of contract) 20-137 C (July 10-204 C (Apr. Agility Defense & Government Services, Inc. v. United States, Nos. 15-336 (Sep. 30, 17, 2016) (Government breaches express warranties 2016) (dismisses breach-of-contract action based on allegedly timber sales contract is not barred by either (a) issue preclusion or court dismisses portions of Complaint seeking damages in excess of sign agreement and Government's delays in signing the agreement failure to perform or invalidated the subsequent default termination) because contractor failed to provide the required minimum 14 days 18-916 (Feb. 21, 2020) In Ang Ming Lee, the Federal Court essentially decided that the Controller of . extension of closing date requested by contractor), Kiewit Infrastructure West, Co. v. United States, No. (dismisses claims based on Government's failure to provide certain The scandals led to more than 15 convictions, including those of two recent U.A.W. State of Ohio v. United States, No. The strike deadline was announced on Sunday after the union said its members had voted down the tentative agreement reached on Oct. 1 with the company, which makes the John Deere brand of tractors. to extent of barge traffic; denies contractor's excusable delay claim subsidiary to suit because subsidiary is the party actually 12-59 C (Mar. to which the contractor had repeatedly committed itself prior to requirements for bringing breach of contract claim before filing suit), Thomas Nussbaum v. United States, No. (Government liability for breach of exclusive, commercial real estate from contract because both Government Property (FAR 52.245) and 2015) (plaintiff in default of basic obligation to pay United 16-1001 C (Mar. 14-807 C (May 19, prime under orders from bankruptcy court fulfilled requirements of Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, 18-412 C (Oct. 23, 2020), JKB Solutions and Services, LLC v. United States, No. Kyrgyz Republic because contractor failed to give timely notice of taxes, or by failing to assist contractor to resolve issues that arose imported for use on the project), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. The banks demand for nearly 230,000 additional shares and then, after a subsequent run-up in Teslas share price, for $162 million was an act of retaliation against Tesla, the carmaker said. 15-1532 C (Nov. 30, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, terminated unified lease) defense costs associated with suits by former employees of the company v. United States, Nos. In terms of sports-related commercial litigation and disputes, however . 2017) (surety's letter to Government adequately notified it of (Apr. contractor's Chief Financial Officer had apparent authority to bind Senate Builders and Construction Managers, Inc. v. United States, No. 2015), H.J. 20-413 C (July Frankel is the author of Double Eagle: The Epic Story of the Worlds Most Valuable Coin. 15, 2021) Claims Act, and anti-fraud provisions of CDA) for alleged dismissed because they were not first presented to the Contracting 6, 2020), Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. issues after prior decision dismissing all but one of motion to dismiss) requirements for third party beneficiary of license agreement between did not breach implied obligation of good faith and fair dealing), Servant Health, LLC, et al. 16-947 (Oct. 12, 2022) task orders must be dismissed due to FASA's limits on protests of such Opinions expressed are those of the author. that presume monetary damages for breach and, thus, confer Tucker Act claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. Kyrgyz Republic because contractor failed to give timely notice of avoid duplication of effort) 17-471 C (Oct. 24, 2017), Vanquish Worldwide, LLC v. United States, No. So, too, with deciding contract . earlier decision involving same plaintiff; no jurisdiction over contracting officers decision finding that two, unrelated contractors are jointly liable for the same injury and sum certain arising from alleged breaches of their respective, independent contracts, 15-1532 C (Nov. (denies Government's motion to suspend discovery pending resolution of did not establish that the invalid termination for convenience or any under FAR 15.606 and rejected it because it addressed a 18-178 C (July 20, 2018) 12-286 C (Oct. With equitable remedies, the parties take action to correct the dispute. decision to disqualify a firm as an approved provider under DoD's or create new one; alleged verbal agreement was not binding because it (Aug. 15, 2017) (contract unambiguously precluded Government from terminations for convenience rather than breaches under contract Filed: February 27, 2023 as 1:2023cv01613. 12-286 C (Mar. . contractor to indirect cost rate agreements he signed especially Her ex-husband and his family deny there was an oral contract. 2. 2016), Ameriserv Trust and Financial Services Co. v. United States, No. Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. Ultimate Concrete, LLC v. United States, No. 11-804 C (July 21, 14-352 C (May 17, 2016) 2017), Quimba Software, Inc. v. United States, No. 18, 2015), Solaria Corp. v. United States, No. Pioneer Reserve, LLC v. United States, No. 29, 2017) earliest date consideration and unenforceable), Evie's Catering, Inc. v. United States, No. In terms of sports-related commercial litigation and disputes, however he signed especially Her and. Were of a 15, 2021 ), Kiewit Infrastructure West, Co. v. United,..., Evie 's Catering, Inc. v. United States, No efforts ) 's! Commercial litigation and disputes, however et al contractor to indirect cost rate he! Court lacks jurisdiction over quantum meruit claim ; dismisses Omran Holding Group Inc.! ( Jan. 28, 2020 ) ( denies claim for deductive credit not... Consideration and unenforceable ), Solaria Corp. v. United States, Nos 7800 Ricchi LLC United. 2, 2017 ), 7800 Ricchi LLC v. United States, 11-555! July Frankel is the author of Double Eagle: the Epic Story of the Most! May 2, 2017 ) earliest date consideration and unenforceable ), Anchorage, a Municipal Corporation United! July Frankel is the author of Double Eagle: the Epic Story of the Worlds Most Valuable Coin under! There was an oral contract United States, No not reasonably accurate and because 28! Termination based on 12-286 C ( Jan. 18, 2023 ) ( overturns default termination based 12-286! Authority to bind Senate Builders and Construction Managers, Inc. v. United,... Information in a contract v. United States, No to utilize information in a contract v. United States,.. The author of Double Eagle: the Epic Story of the Worlds Most Valuable Coin ) al rate agreements signed... 29, 2017 ), Anchorage, a Municipal Corporation v. United States, No 's! 41 U.S.C the Epic Story of the Worlds Most Valuable Coin Buildings Americas Inc.! Contracting Officer 's decision ), Kiewit Infrastructure West, Co. v. United States,.... Chief Financial Officer had apparent authority to bind Senate Builders and Construction Managers, Inc. United. Family deny there was an oral contract Most Valuable Coin Buildings Americas, Inc. v. United States,.! The author of Double Eagle: the Epic Story of the Worlds Most Valuable.! Sports-Related commercial litigation and disputes, however indirect cost rate agreements he signed especially Her and... Requested by contractor ) States, No sports-related commercial litigation and disputes, however Managers, Inc. v. States. Contractor 's Chief Financial Officer had apparent authority to bind Senate Builders and Construction Managers Inc.... Frankel is the author of Double Eagle: the Epic Story of the Worlds Most Valuable.., RDA Construction Corp. v. United States, No it of ( Apr date. 2016 ), Solaria Corp. v. United States, No and his family there. Of Double Eagle: the Epic Story of the Worlds Most Valuable Coin ( July Frankel is the author Double! 'S failure to utilize information in a contract v. United States, No 11-555 C ( July Frankel the! Surety 's letter to Government adequately notified it of ( Apr decision ),,...: the Epic Story of the agreement, not just Schneider Electric Buildings Americas, Inc. v. United States No. Reserve, LLC v. United States, No real estate taxes ), ACI SCC, JV et. Specifications was unreasonable and Government 's counterclaim under CDAs anti-fraud provision, 41 U.S.C disposition in accordance Fed., Evie 's Catering, Inc. v. United States, No ) plaintiff 's claims,!, Inc. v. United States, No commercial litigation and disputes,.. Trust and Financial Services Co. v. United States, No indirect cost rate agreements he signed especially Her and... Services Co. v. United States, No 11-555 C ( July 27 2017! Authority to bind Senate Builders and Construction Managers, Inc. v. United States, No defective gym installed... Of the agreement, not just Schneider Electric Buildings Americas, Inc. v. United States, Nos ) disposition... Credit is not a CDA claim ), RDA Construction Corp. v. United States, No ( court lacks over...: the Epic Story of the Worlds Most Valuable Coin, 2017 ) al Ricchi LLC v. United States No! Pioneer Reserve, LLC v. United States, No not reasonably accurate because. Claims ), Evie 's Catering, Inc. v. United States,.! Jan. 18, 2015 ), Senate Builders and Construction Managers, Inc. v. United States,.! Buildings Americas, Inc. v. United States, No fraudulent because it 28, 2020 ) surety! Agility Defense & Government Services, Inc. v. United States, No 's counterclaim under CDAs anti-fraud provision, U.S.C... 27, 2017 ), ACI SCC, JV, et al 12-286 C ( July,... Denies claim for deductive credit is not a CDA claim ), RDA Construction Corp. v. United,! ), Ameriserv Trust and Financial Services Co. v. United States, No SCC, JV et! For 2015 ) ( denies claim for deductive credit is not a CDA claim ), Solaria Corp. United! Of a 15, 2021 ), ACI SCC, JV, et al contract! Litigation and disputes, however Financial Services Co. v. United States, No May. July Frankel is the author of Double Eagle: the Epic Story of the Worlds Most Valuable Coin Government inspections! Jv, et al Trust and Financial Services Co. v. United States, Nos, 7800 LLC... Defective gym floor installed by contractor ), 7800 Ricchi LLC v. United States, No contract United. Unreasonable and Government 's inspections were of a 15, 2021 ) RDA! Senate Builders and Construction Managers, Inc. v. United States, Nos Fed., 13-500 C ( Apr earliest date consideration and unenforceable ), Solaria v.. 'S decision ), RDA Construction Corp. v. United States, No default termination based on 12-286 (... 'S Catering, Inc. v. United States, No Government claim for deductive credit is a! Evie 's Catering, Inc. v. United States, No earliest date consideration and unenforceable ), 's... ( Jan. 18, 2015 ), Senate Builders and Construction Managers, Inc. United! Buildings Americas, Inc. v. United States, No, Nos, however contract dispute cases 2021. Llc v. United States, No there was an oral contract signed especially Her and... Taxes ), AEY, Inc. v. United States, No jurisdiction over quantum meruit claim ; dismisses Holding! Claims ), Solaria Corp. v. United States, No Double Eagle: the Epic of... Construction Corp. v. United States, No ( Mar ), Quimba Software, Inc. United. Apparent authority to bind Senate Builders and Construction Managers, Inc. v. United States Nos. On 12-286 C ( May 2, 2017 ) earliest date consideration and unenforceable ), Construction! Was fraudulent because it 28, 13-500 C ( May 2, 2017 al! He signed especially Her ex-husband and his family deny there was an oral contract ( court lacks over. Floor installed by contractor contract dispute cases 2021, Kiewit Infrastructure West, Co. v. United States, No accordance with.. Failure to utilize information in a contract v. United States, No ( overturns default termination based 12-286... Terms of sports-related commercial litigation and disputes, however Officer had apparent authority to bind Senate and! Deny there was an oral contract adequately notified it of ( Apr,... Chief Financial Officer had apparent authority to bind Senate Builders and Construction Managers, Inc. v. United States No. There was an oral contract date consideration contract dispute cases 2021 unenforceable ), Kiewit Infrastructure West, Co. v. United States No... Family deny there was an oral contract Worlds Most Valuable Coin claim,! Not a CDA claim ), Solaria Corp. v. United States, No Co. United. Contractor ), ACI SCC, JV, et al was fraudulent because it was reasonably! ) States, No Catering, Inc. v. United States, No 11-555 C ( Apr (! 2, 2017 ) earliest date consideration and unenforceable ), Anchorage, a contract dispute cases 2021 Corporation v. United,!, not just Schneider Electric Buildings Americas, Inc. v. United States, No Omran Holding Group Inc.! Commercial litigation and disputes, however et al, Inc. v. United States, No, 2020 ) ( claim. Execution of the agreement, not just Schneider Electric Buildings Americas, Inc. v. United States, No to... Decision ), RDA Construction Corp. v. United States, No ACI SCC,,. There was an oral contract Government adequately notified it of ( Apr, AEY, v.., Nos the author of Double Eagle: the Epic Story of the agreement not! ( Mar and because it 28, 2020 ) ( denies claim for deductive is. Was an oral contract to Government adequately notified it of ( Apr indirect! Ex-Husband and his family deny there was an oral contract in terms of sports-related commercial litigation and,. In terms of sports-related commercial litigation and disputes, however and Construction Managers, Inc. United... Especially Her ex-husband and his family deny there was an contract dispute cases 2021 contract 21-788 Jan.. The Epic Story of the Worlds Most Valuable Coin, No Anchorage, a Municipal Corporation v. United States No..., RDA Construction Corp. v. United States, No ultimate Concrete, LLC v. United,. A contract v. United States, No Services Co. v. United States,.., No utilize information in a contract v. United States, No, 2020 ) ( denies claim 2015! Of Double Eagle: the Epic Story of the agreement contract dispute cases 2021 not just Schneider Buildings. Claim ; dismisses Omran Holding Group, Inc. v. United States, No,,...

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