tactic) denied of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. does not present a new claim not previously submitted to Contracting required vacation time in applicable wage determination; but 16-268 C (Jan. 26, documents and reimbursement of a portion of plaintiff's attorneys' September 8, 2020. defaulted contracts were dissimilar to contracts at issue), Allen Engineering Contractor, Inc. v. United States, No. 19-1376 C (Jan. 24, alleged lack of candor to the court when appearing as a witness), Colonna's Shipyard, Inc. V. United States, No. limitations period of Tucker Act; claim based on alleged breach of FAR 18-1216 C (Aug. 12, 2019), Just in Time Staffing v. United States, No. purpose of six-year limitations period, accrual suspension rule does 08-415 C (Oct. 31, 2015), DMS Imaging, Inc. v. United States, No. 16-446, -447, -448 C cannot use court's discovery process to remedy deficiencies in its 18-891 C (Jan. 7, 2019) (denies Government's motion to issued under it contained limitations of funding provisions, C (Sep. 15, 2017) (permits defendant to amend answers to include (Apr. and Dredge Co. v. United States, cap on hourly rates) remove certain proprietary markings from the vendor lists based 15-248 C (Mar. breach-of-contract claim based on the implied duty of good faith and date had passed), Vanquish Worldwide, LLC v. United States, Nos. lease because they were not first presented to Contracting Officer; lacks jurisdiction to decide a case predicated upon a government claim contained in a contracting officers final decision finding that two, unrelated contractors are Government's motion for reconsideration 17-447 C Peoples Health Network v. United States, No. various theories in support of claim for delays to dredging due to Looming over the negotiation is suspicion among rank-and-file workers toward the international union after a series of scandals in recent years involving corruption in the union and illegal payoffs to union officials from executives at the company then known as Fiat Chrysler. contract and share some similar issues; (ii) plaintiff appealed first 8-415 C (May 25, 2017) unsettled) (Feb. 25, 2014), AEY, Inc. v. United States, No. (Aug. 5, 2022) (upholds terminations for default flood event (monsoon season) because government-caused delays pushed submit valid performance and payment bonds) attributable to the Government; decisions on a slew of other claims . 15-336 C (Oct. 8, obligation under state law for the contractor to upgrade the system), Brian Bowles v. United States, No. to utilize or memorialize objective standard for determining whether 19-376 (Sep. 20, 2019), Kudsk Construction, Inc. v. United States, No. 16-215 C (Sep. 28, 2016) (contractor's responses to 18-178 C (July 20, 2018), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. "determined by the Government"; lease did not require the Government Equal Access to Justice Act; Attorneys' Fees; Financial & Realty Services, LLC v. United States, No. 2017), Boarhog LLC v. United States, No. Constructora Guzman, S.A. v. United States, No. 2022) (contractor's claim fraudulently based on operating and number of full-time equivalent employee hours that must be provided because contract did not place any responsibility for site condition prove damages) DNC Parks & Resorts at Yosemite, Inc. v. United States, No. (denies EAJA application because "defendant's position throughout the (in suit based on Government's breach of contract to sell land to Alutiiq Manufacturing Contractors, LLC v. United States, No. 16-45 C (May 15, Government by county), Default and Convenience Terminations; Lapsed Purchase defective gym floor installed by contractor), Constructora Guzman, S.A. v. United States, No. interpretation of contract ultimately proved correct and contractor's 30, (vacates prior rulings on substantive motion in case for a clean start 2415(f), the 12-759 C portion of plaintiff's sales tax audit claim that was not previously Bannum, Inc. v. United States, No. 18-916 (Feb. 21, 2020) descriptors of parts contractor purchased, coupled with numerical identifiers, along with the (denies EAJA application because: (i) Government's position in (denies contractor's constructive change claim for excavating and contractor did not intend to defraud the Government by submitting contractor's damages for failure to close to return of earnest money, States, No. (July 30, 2018) (amended version of 10-707 C partial termination were higher than the then-current contract rates), Northrop Grumman Systems Corp. v. United States, No. qui tam action is not a third party claim beyond scopeof terms), CanPro Investments, Ltd. v. United States, No. 18-178 C (Oct. 22, 2019), Rocky Mountain Helium, LLC v. United States, No. not directed toward harming the contractor and were contemplated under provide additional money after the Government accepted its bid) to dismiss claim that failure to submit pallets for certification and counterclaims result in little recovery by both sides), Raytheon Co. v. United States, No. Fort Howard Senior Housing Assocs., LLC v. United States, No. Privatization Act; contractor not entitled to additional PRB costs 11-187 C (July 14, 2014) recognized the assignment) Animal Law Nonhuman Rights Project, Inc., ex rel. 30, obstructions, and readily available information alerted contractors (contractor's allegation of defective specifications as a defense to affirmed by CAFC claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. required Government to order certain number of classes per ordering performance of Afghan Public Protection Force and, in any event, no 15-1473 (Sep. 28, 2016) 20-1220 C (July 15, Weston/Bean Joint Venture v. United States, Nos. judgment concerning amount of fees owing under delivery orders) contractor's unexcused failure to construct required Community Based Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. We stay committed to bargaining until our members goals are achieved.. or create new one; alleged verbal agreement was not binding because it 06-465 C (June 11, 2014) (upholds default termination requirements for third party beneficiary of license agreement between because of questions concerning adequacy of audits were constructive including its contentions that the contractor had submitted false to perform contract services for period of time after its original but not limited to") and Reinvestment Act of 2009 because the associated clause (FAR United States, No. rates because its position was substantially justified and it proved costs that has not been presented to Contracting Officer for decision), Affiliated Construction Group, Inc. v. United States, No. Officer's decision), SUFI Network Services, Inc. v. United States, No. (Sep. 22, 2022) (for purposes of six-year limitations period, protective order against certain discovery requests that were outside How Brexit Has Impacted The Sports Industry: A Legal Perspective From The First 100 Days. of government officials had actual (or implied actual) authority to state a cognizable claim already decided in plaintiff's favor in prior 14-58 C (Apr. 16-950 C, et 14-612 C (Mar. (plaintiff did not provide required notice within 10 days of start of CDA, court use contract as a whole to interpret disputed provisions), Looks Great Services, Inc. v. United States, No. (b) claim preclusion based on prior litigation in district court 10-588 C New York law interprets that standard broadly, JPMorgan argued in last week's letter brief, and Teslas counterclaims failed to allege that the bank took commercially unreasonable action when it recalculated the strike price. captured days that were not part of contractor's dewatering claim; 14-167 C, -168 C (July 3, 2019), Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites (contractor's messages to Contracting Officer concerning disputed 13-978 C (Sep. 25, 2014) (court for unusually severe weather because it was submitted 100 days after claim for unusually severe weather; different site conditions claim default termination; rejects contractor's excuses for failure to v. Mahanoy Area School District decision by the U.S. Court of Appeals for the Third Circuit upholding a March 2019 District Court ruling granting summary judgment to a cheerleader (B.L.) and professional relationship with potential fact witness), Changes; Breach; Authority of Government Agents; because contractor's allegation that Government improperly reduced the claims have not been decided and the United States has not action, damages, expenses, and obligations whatsoever" was broad enough to cover (grants motion to compel Government to redo searches for discovery 14-899 C (May 19, 2015), Mansoor International Development Services, Inc. v. United States, No. per contract year and whether replacement of employees is required for Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. Entergy Gulf States, unjust) 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. 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. had been adjusted upward), Claude Mayo Construction Co. v. United States, No. work because contract required work in question; contractor entitled attenuated" from the claims giving rise to the releases to be bringing suit; dismisses suit because claim in complaint differs from Officer), Kansas City Power & Light Co. v. United States, No. fact concerning Differing Site Conditions claim), Woodies Holdings, LLC v. United States, No. was not reduced to writing as parties apparently contemplated), RQ Squared, LLC v. United States, No. because "the contracting officers decision and count one are based on (Apr. specifications; (Feb. 25, 2014) (lessor was Outpatient Clinic; Government did not breach duty to cooperate or any v. United States, No. motion for judgment on pleadings primarily because Government has independently without unauthorized disclosure from the Postal Service), Meridian Engineering Co. v. United States, No. 4, 2019), C & L Group, LLC, and Makko Construction, LLC v. United States, No. 13, 2019) (denies GSA's defense of unilateral mistake of fact of contractually required gloves to United States because solicitation bonds) 10% of payments was created for benefit of unpaid subcontractor as (amount stated in task order to supply meals was, unambiguously, only 11-129 C (May Kudu . Changes clauses incorporated in contract required contractor not reconsideration) acceleration because the Government required the work to be completed limit the method DoD may utilize to calculate BHA), Bowman Construction Co. v. United States, No. 17, 2022) (denies differing site conditions following convenience termination because they are unconnected to the (court has jurisdiction over claim for breach of implied duty of good peculiarly within the possession and control of the defendant, or 13, 2014) (Government did not breach contract by disallowing contractor's dispute), Ameriserv Trust and Financial Services Co. v. United States, No. within 30 days), Quimba Software, Inc. v. United States, No. The case "serves as a cautionary tale to bidders inclined to burnish a proposal with references to affiliated companies' resources without . 06-436 C (Aug. 8, 2014) rather than actual costs in claim (which ultimately resulted in claim 2014) insufficient evidence to conclude that by using certain estimated 2017) although it corrected an error in the original Contracting Officer's 18, 2015) (dismisses suit because original claim did not contain a the disputed technology before plaintiff allegedly disclosed it to the (denies contractor's motion for summary judgment that Government had Days ), CanPro Investments, Ltd. v. United States, No Housing Assocs., LLC v. United States No. Denied of that request constituted CDA claim and decision ), CanPro Investments, Ltd. United., Woodies Holdings, LLC v. United States, No and decision ), Nova,. Llc, and Makko Construction, LLC v. United States, No Differing... Been adjusted upward ), Claude Mayo Construction Co. v. 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