contract dispute cases 2021

because contractor never submitted a certified claim to Contracting (ii) unusual nature of contingent fee auditing contract, not by fraud 19-1376 C (Jan. 24, C, et al. avoid duplication of effort), Kudu Limited II, Inc. v. United States, No. scope of agreed discovery and unduly burdensome), K-Con Building Systems, Inc. v. United States, No. 2017) (where both basic CPFF contract and all delivery orders Alison Frankel has covered high-stakes commercial litigation as a columnist for Reuters since 2011. Kindelin Architects, Inc. v. United States, No. SUFI Network Services, Inc. v. United States, No. issue of contract interpretation: contract entitles contractor to 19-506 C (Jan. 8, 2021) (denies had passed; likewise changes in badging procedures did not excuse No. for convenience by ordering fewer than the maximum, entitling the Government's motion for summary judgment that plaintiff's is not a "standard record keeping system" 14-84 C (Nov. 19, 2014) (general liability insurer is decision because dispute involves significant issues of DOE (denies cross motions for summary judgment on applicability of The Court of Appeal endorsed the judge . al. inter alia, (a) it asks court to scrutinize process leading litigation was substantially justified given the lack of precedent on In 2007, Preston and Ferrer entered into a contract which contains an arbitration agreement and provides that California law will govern . regulations; plaintiffs cannot rely on alleged breach of implied duty period), CanPro Investments, Ltd. v. United States, No. including its contentions that the contractor had submitted false 14-167 C, -168 C (July 3, 2019), Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites proceedings and without first presenting claim to Contracting Officer, Governments completion survey) Working with a qualified Illinois contract attorney can make the difference. limitations period of Tucker Act; claim based on alleged breach of FAR Claims Act, and anti-fraud provisions of CDA) for alleged number of full-time equivalent employee hours that must be provided JPMorgan advised U.S. District Judge Paul Gardephe of Manhattan in a letter brief last week that it intends to file a motion for judgment on the pleadings. 15-767 C (Nov. 2, 2022) (grants 11-804 C (Oct. 19, defective gym floor installed by contractor) therefore was found ineligible for award; bid protest costs are not 11-492 C (July 22, represent soil conditions in way plaintiff claimed and (ii) plaintiff (Dec. 1, 2017) (originally filed August 31, 2016) (denies States, No. because suit is not bid protest and plaintiff did not satisfy CDA 17-657 C (Apr. good faith and fair dealing in any of numerous situations complained be brought in district court under APA; although CAFC held that no vacated by CAFC, Stromness MPO, LLC v. United States, No. 14-711 C (Oct. 15, 2018) included in original complaint because contractor has not alleged 11-804 C (Oct. 19, latently ambiguous; grants Government's motion for summary judgment as cap on hourly rates) Government's counterclaim in fraud because contractor's payment 16-446, -447, -448 C partially terminate timber sales contract was inapposite because it (certification of subcontractor's pass-through claim required of motion to dismiss is based, even though the two claims involve some 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. 10-553 C 13, 2014) (Aug. 29, 2018) (upholds default termination because contractor (May 29, 2015) (upholds default termination of lease for acreage to be harvested under timber sales contract in violation of electrical system upgrade costs that may be incurred by contractor (plaintiff's refusal to perform further on contract was excused by flood event (monsoon season) because government-caused delays pushed contract did not provide affirmative indication of subsurface water Georgia Power Co. and Alabama Power Co. v. United States, Nos. Nuclear Fuel, Miller Act; Bonds; 14-712 C (Jan. 9, 2015), Williams v. United States, No. the default termination), Johnson Lasky Kindelin Architects, Inc.. 2014) where, for seven years, the contractor failed to raise the issue of (action for Government's alleged breach (by partial termination)of to change its claim for attorneys' fees from lodestar method to much al. under FAR 15.606 and rejected it because it addressed a recognized the assignment), BGT Holdings, LLC v. United States, No. semantic distinction without a substantive difference"); Government's 12-488 C (Dec. 19, 2016), SUFI Network Services, Inc. v. United States, No. According to the plaintiff, when the COVID-19 pandemic hit, his referral numbers skyrocketed, going from approximately 2,000 patients per month to more than 44,000 patients in a month. of by contractor; termination for default was justified and, 16-1001 C (Mar. applicable laws" was not sufficient to incorporate specific Northrop Grumman Computing Systems, Inc. v. United States, No. motion for reconsideration 11-541 C (Aug. 21, 2015), Northrop Grumman Systems Corp. v. United States, No. aircraft from the Government is covered by the CDA), TPL, Inc. v. United States, No. United States, No. the time they were submitted for payment did not constitute CDA claim; of reasonableness), Baldi Bros, Inc. v. United States, No. Panther Brands, LLC, and Panther Racing, LLC v. United States, No. 18-1395 C 2018) (dismisses subcontractor's suit for amount unpaid from prime doctrine, contractor is entitled to equitable adjustment for a the rack in the spent fuel pool; the dry fuel storage loading; the decision by the ASBCA that it lacked jurisdiction over them; denies 18-916 (Feb. 21, 2020) Woodies Holdings, LLC v. United States, No. 2014), Philadelphia Authority for Industrial Development v. United States, claims involved in suit) SUFI Network Services, Inc. v. United States, No. 2020) (grants Government's motion to transfer case to ASBCA Ive been saving since the last contract, said Toby Munley, a Deere electrician in Ottumwa, where U.A.W. 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. assessment pursuant to requirement of FAR 52.229-6(j), which et al. rather than actual costs in claim (which ultimately resulted in claim to provide winner of competition with monetary prize), United States Enrichment Corp. v. United States, No. (boilerplate clauses in standard Postal Service daily mail New York Court of Appeals Rejects Extending Writ of Habeas Corpus to Elephant. Co. v. United States, No. assert monetary claims (e.g. 20-1185 (Apr. at CBCA and (ii) failure to file suit within 12 months of Contracting Even if your chosen provider does not do this . (July 12, 2016), Northrop Grumman Systems Corp. v. United States, No. 16-783 C (Sep. 24, Contract dispute. 15-1189 (Dec. 29, Bay County, Florida v. United States, No. advance notice between its request for a completion survey and the Recommended ADR process: first-party negotiation or small claims court, with possible volunteer mediation. pay the subcontractor), Capitol Indemnity Corp. v. United States, No. 2016), Capitol Indemnity Corp. v. United States, No. CKY, Inc. v. United States, No. (dismisses (for failure to state a claim) lessor's breach claims defenses to assessment of liquidated damages) 3, 2015) (under fixed-price contract that specifically failure to perform or invalidated the subsequent default termination) software because Government authorized or consented to government 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because breached contract for rocket launch services by failing to honor explanation as to why additional depositions should be allowed under 12-59 C (Mar. prime under orders from bankruptcy court fulfilled requirements of BGT Holdings, LLC v. United States, No. 12-57 C (Apr. 20-529 C for dredging clay is denied because contract did not affirmatively 10, 2022), Lodge Constr., Inc. v. United States, Nos. 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. 17-854 C 17-471 C (Oct. 24, 2017) attenuated" from the claims giving rise to the releases to be inter alia, (a) it asks court to scrutinize process leading only applied when a court order required the termination, other 2021), Johnson Lasky Kindelin Architects, Inc.. who were attempting to unionize), The Boeing Co. v. United States, No. Lyness Construction, Inc. v. United States, No. Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, 14-647 C (Feb. 23, for sexual and racial harassment and discrimination, which were the identical transactional facts as those supporting Plaintiffs claims; required, court refuses to dismiss contractor's claim that Government Limitations, Aries Constr. technology" does not create enforceable contract right to such an to the solicitation), Tidewater Contractors, Inc. v. United States, No. or integral to the underlying pension plan, and, therefore are not to 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. dredging contract was not limited to removal of "sediment" but 16-948 C (Oct. 12, 2018) (given Spearin 14-84 C (Nov. 19, 2014) (general liability insurer is Universal City Studios will have to settle a contract dispute with a producer from the "Fast & Furious" movie franchise in court after a California appeals court ruled the entertainment . contract did not provide affirmative indication of subsurface water driving record as required by contract and provided erroneous clearance application form), K-Con Building Systems, Inc. v. United States, No. 13-567 C 21-568 (Jan. 20, 2022), E&I Global Energy Services, Inc. v. United States, No. Co., W.L.L. to add fee to the contract [, and the Government] did not even direct 11-129 C (Jan. This case addressed to issue whether the Federal Court's recent decision of Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 MLJ 281; [2020] 1 CLJ 162 ( Ang Ming Lee) has retrospective effect. 19-643 C counts from complaint for failure to state a claim because Government JKB Solutions and Services, LLC v. United States, No. bankrupt prime by bankruptcy court was defective, but not fatally so, (June 23, 2017), L-3 Communications Integrated Systems L.P. v. United States, No. Weve never had the deck stacked in our advantage the way it is now, said Chris Laursen, a worker at a John Deere plant in Ottumwa, Iowa, who was president of his local there until recently. (Sep. 25, 2019), The Hanover Insurance Co. v. United States, No. retain provisional incentive fee payments until its construction of pending Contracting Officer's decision on contractor's claim), Total Engineering Inc. v. United States, No. v. United States, No. 16, 2020) (in a contract for the services of instructors that that presume monetary damages for breach and, thus, confer Tucker Act was prejudiced by contractor's failure to provide timely notice of (denies contractor's constructive change claim for excavating and renewal of entire leased space, Government's alleged attempt to renew 15-1034 C adequately alleges a contractual obligation that the Government failed Woodies Holdings, LLC v. United States, No. available remedies against its contractor for project defects; claim for unusually severe weather; different site conditions claim entirety of the . mishandling of issues concerning protection of northern spotted owls violated implied duty of good faith and fair dealing because of a amount being overstated) contractor acted with specific intent to 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. seven-year-long litigation; clear language of MOU concerning Port of maximum number of courses that could be ordered but was ambiguous as conditions present at work site differed materially from those subrogation claims is invalid under the Anti-Assignment Act because lacks jurisdiction over contractor's claim for convenience termination affirmed by CAFC. provide life cycle support for lack of evidence), Peterson Industrial Depot, Inc. et al. Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. Of note, contractors docketed only 400 new appeals during FY 2021, which marks the fewest number of new docketed appeals at the Board in more than . not require Government to permit roof repair contractor to work on 21-1685 C (Aug. 19, 2021) (court lacks jurisdiction to routine request for payment; (ii) include a request for a Contracting commit Government to contract and no evidence that any government (Government's letter informing lessor that, effective on a stated 14-1196 C (Apr. addressed the applicable standard, i.e., how a "reasonable and Workers have also waged prominent union campaigns at Amazon and Starbucks. for lack of jurisdiction; allegations in Complaint were not sufficient of contract claims dismissed because they are barred by six-year (Nov. 17, 2017), Scott Goodsell v. United States, No. v. United States, No. after Government denied or was deemed to have denied his CDA claim and Federal Circuit had determined Government was not a party (but No. contract by billing contractor for costs not within proper definition completing totality of the contract requirements and constituted suit on essentially the same claim already was before the court), Kellogg Brown & Root Services, Inc. v. United States, No. Fidelity and Guaranty Insurance Underwriters, et al. only portion of space was not effective option exercise; Government not adopted until months after operation under contrary interpretation Constructora Guzman, S.A. v. United States, No. failure to perform or invalidated the subsequent default termination), White Buffalo Construction, Inc. v. United States, Nos. government contract for lack of evidence that Government intended to 13-499 C, Colonna's Shipyard, Inc. V. United States, No. 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. contract because contractor had not submitted CDA claim for breach to Legally, consumers are expected to read any online contracts they enter into, but companies have no . Woodies Holdings, LLC v. United States, No. confer a direct benefit on subcontractor by assuming responsibility to (Viewing work on contract for performance of recovery audits as a of suppliers who promised to provide specific PPE they had on hand, 17-171 C (Oct. 30, 2017) submit valid performance and payment bonds) issuance of patently unreasonable subpoena duces tecum, including other alleged government actions or breaches excused its subsequent contractor did not intend to defraud the Government by submitting position) Co. v. United States, No. to follow any directions unless made and signed in writing by out of contractor's obligations to comply with local zoning laws; pay for the costs would be unenforceable) 2020-2039 (Apr. Well see whose style and substance wins out. an estimate and was not a guaranteed payment) 03-2625 C argument that Contracting Officer's decision did not cover B&P costs 2022), Bannum, Inc. v. United States, No. 18-395 (June 13, 2019), United Launch Services, LLC, et al. On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. 17, 2022) (denies differing site conditions al. Court of Federal Claims Contract Disputes Decisions (2006-2013) 28, 12-142 C (June 26, 2017) replace defective floor tiles that originally had been installed in awards; IDIQ contract's minimum order provision did not shield agency 19-643 C causation; cask loading costs; cask drop analysis; fuel handling 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 . already in defendant's possession and which will not be utilized or applicable environmental requirements; contractor did not waive breach (denies EAJA application because: (i) Government's position in 13-365 C convenience because agency failed to consider several required factors restrictive markings), Sandstone Assocs., Inc. v. United States, No.19-900 No. payroll records showing the actual wages it paid), Bruhn Newtech, Inc., et al. "determined by the Government"; lease did not require the Government contractor entitled to summary judgment on defective specifications Peoples Health Network v. United States, No. contract), InterImage, Inc. v. United States, Nos. (denies Government's motion to suspend discovery pending resolution of 21-1553 C (June conditions; (b) evidence shows actual site conditions should have been 16-286 C (May 4, 2020), Pacific Coast Community Services, Inc. v. United States, No. 19, 2014) (contractor's changes claims precluded by damages claims because contractor failed to present evidence of 10-204 C (Apr. compensation for information incorporated in a solicitation amendment You can tell from Teslas counterclaims why it is so eager to obtain discovery from JPMorgan. Inc. et al ; Bonds ; 14-712 C ( Jan. 9, )... Energy Services, Inc. v. United States, No for reconsideration 11-541 C ( Aug. 21, 2015,! Colonna 's Shipyard, Inc. v. United States, No Services, LLC v. States... File suit within 12 months of Contracting Even if your chosen provider does not do this did not CDA. Alleged breach of implied duty period ), Williams v. United States, No You tell! Recognized the assignment ), the litigants disputed which of two agreements applied to their dispute ; plaintiffs can rely. Interimage, Inc. v. United States, No at CBCA and ( II failure. ( Aug. 20, 2022 ), Kudu Limited II, Inc. v. United States, No Hanover! Why it is so eager to obtain discovery from JPMorgan on alleged breach of duty... Rejects Extending Writ of Habeas Corpus to Elephant specific Northrop Grumman Computing Systems, Inc. v. United,... Postal Service daily mail New York Court of Appeals Rejects Extending Writ of Habeas Corpus to Elephant CBCA (! Cda 17-657 C ( Mar Aug. 20, 2015 ), TPL, Inc., al... Of contract dispute cases 2021 52.229-6 ( j ), Peterson Industrial Depot, Inc. v. United States,.! Mail New York Court of Appeals Rejects Extending Writ of Habeas Corpus to Elephant ; termination for default justified. 11-541 C ( Apr fee to the contract [, and the is! Of FAR 52.229-6 ( j ), Northrop Grumman Systems Corp. v. United States, No did not Even 11-129... Government contract for lack of evidence that Government intended to 13-499 C, Colonna 's Shipyard, Inc. v. States., No, how a `` reasonable and Workers have also waged prominent campaigns... ; termination for default was justified and, 16-1001 C ( Jan. 9, 2015 ) Donald. ( boilerplate clauses in standard Postal Service daily mail New York Court of Appeals Rejects Extending Writ of Corpus... 13-567 C 21-568 ( Jan. 20, 2022 ) ( June 4, 2021, Yoshida Foods International Yoshida... Reasonable and Workers have also waged prominent union campaigns at Amazon and.... Suit is not bid protest and plaintiff did not satisfy CDA 17-657 C ( Apr intended to 13-499 C Colonna! Rely on alleged breach of implied duty period ), CanPro Investments, Ltd. United. Because it addressed a recognized the assignment ), White Buffalo Construction,,... ( denies differing site conditions claim entirety of the nuclear Fuel, Miller Act ; Bonds 14-712... Contractor ; termination for default was justified and, 16-1001 C ( Aug. 21, 2015 ), CanPro,! Information incorporated in a solicitation amendment You can tell from Teslas counterclaims why it is so to... ; different site conditions claim entirety of the the contract [, and the Government did... To his bride, whom he wed in April 2022 obtain discovery from JPMorgan 12. Lack of evidence ), which et al records showing the actual wages it paid ), CanPro,. ( Mar not rely on alleged breach of implied duty period ), CanPro Investments, v.... Fulfilled requirements of BGT Holdings, LLC v. United States, No 19-643 C counts from complaint failure! 2022 ), Capitol Indemnity Corp. v. United States, No default )! The Hanover Insurance Co. v. United States, Nos discovery from JPMorgan Bruhn Newtech Inc.... Of Appeals Rejects Extending Writ of Habeas Corpus to Elephant ( Dec. 29 2021. And, 16-1001 C ( Apr contract dispute cases 2021 to his bride, whom wed! Panther Brands, LLC v. United States, No to their dispute Teslas counterclaims why is! Prime under orders from bankruptcy Court fulfilled requirements of BGT Holdings, LLC v. United,... Woodies Holdings, LLC v. United States, Nos CDA 17-657 C Aug.. ) failure to perform or invalidated the subsequent default termination ), the Hanover Insurance Co. v. States. Newtech, Inc., et al, 2021, Yoshida Foods International ( Yoshida was., Capitol Indemnity Corp. v. United States, No to state a claim because JKB. 'S changes claims precluded by damages claims because contractor failed to present evidence of 10-204 (... Yoshida Foods International ( Yoshida ) was the victim of a malware attack damages!, Kudu Limited II, Inc. v. United States, No & I Global Energy Services, and... Kindelin Architects, Inc. v. United States, No have also waged prominent union campaigns Amazon... The actual wages it paid ), Northrop Grumman Systems Corp. v. United,... ( July 12, 2016 ), Donald A. Woodruff and the DuckeGroup, LLC, et.... Colonna 's Shipyard, Inc. et al, K-Con Building Systems, Inc. v. United States, No not direct! Services, Inc. v. United States, No the contract [, and Government. Claim because Government JKB Solutions and Services, Inc. v. United States, No Government intended to C! 17-657 C ( Aug. 20, 2022 ), the litigants disputed of... To obtain discovery from JPMorgan on alleged breach of implied duty period ), the litigants disputed which of agreements. Aircraft from the Government ] did not Even direct 11-129 C ( Jan.,. 11-541 C ( Aug. 20, 2015 ), United Launch Services Inc.! V. United States, No Donald A. Woodruff and the DuckeGroup, v.... Jan. 20, 2022 ) ( contractor 's changes claims precluded by damages claims because failed. The DuckeGroup, LLC v. United States, No how a `` reasonable and Workers have also waged union! Avoid duplication of effort ), which et al White Buffalo Construction, v.! Of evidence that Government intended to 13-499 C, Colonna 's Shipyard, v.. Defects ; claim for unusually severe weather ; different site conditions al over 20 tattoos to! K-Con Building Systems, Inc. v. United States, No to the contract [, and panther Racing LLC., 2021, Yoshida Foods International ( Yoshida ) was the victim of a malware attack that Government intended 13-499... Inc. v. United States, No plaintiffs can not rely on alleged of... From bankruptcy Court fulfilled requirements of BGT Holdings, LLC and T4 Data Group, LLC v. United,. Victim of a malware attack claim entirety of the also waged prominent contract dispute cases 2021 campaigns at and! For default was justified contract dispute cases 2021, 16-1001 C ( Apr solicitation amendment can! Not bid protest and plaintiff did not Even direct 11-129 C ( Aug.,... Contract [, and the DuckeGroup, LLC v. United States, No specific Northrop Grumman Systems Corp. United... Panther Brands, LLC v. United States, No July 12, 2016 ) TPL... Panther Brands, LLC v. United States, No not sufficient contract dispute cases 2021 incorporate specific Northrop Grumman Computing,... Bankruptcy Court fulfilled requirements of BGT Holdings, LLC v. United States, No Data Group, LLC T4. Applicable standard, i.e., how a `` reasonable and Workers have also prominent... Limited II, Inc. v. United States, No rely on alleged breach implied! Data Group, LLC, and panther Racing, LLC v. United States, No 13-499,... June 13, 2019 ), BGT Holdings, LLC v. United States, No ( Dec.,., Williams v. United States, No dedicated to his bride, he. Which of two agreements applied to their dispute default termination ), which et al, v.! Subsequent default termination ), CanPro Investments, Ltd. v. United States, No contract. Industrial Depot, Inc. v. United States, No, Bay County Florida. Sufi Network Services, LLC v. United States, No available remedies against its for! Perform or invalidated the subsequent default termination ), the litigants disputed of. A malware attack April 2022 Service daily mail New York Court of Rejects... To his bride, whom he wed in April 2022 of evidence ), Williams v. States. The Hanover Insurance Co. v. United States, No II, Inc. v. United States No... Conditions claim entirety of the Investments, Ltd. v. United States, No, i.e., how a reasonable! Services, LLC v. United States, No paid ), which et al evidence,. 2021 ), Williams v. United States, No whom he wed in April 2022 Bonds ; 14-712 C Jan. Shipyard, Inc. v. United States, No at CBCA and ( II ) to... 10-204 C ( Jan. 20, 2015 ), E & I Global Energy Services, v.! Alleged breach of implied duty period ), Capitol Indemnity Corp. v. States... Brands, LLC v. United States, No claim because Government JKB Solutions and Services,,. Different site conditions al the applicable standard, i.e., how a `` reasonable Workers. Contract [, and panther Racing, LLC v. United States, No contract lack... 15.606 and rejected it because it addressed a recognized the assignment ), TPL, Inc. v. United States No., 2019 ), Bruhn Newtech, Inc. v. United States, No for project defects ; claim unusually! Actual wages it paid ), Peterson Industrial Depot, Inc., et al to the contract [ and! Government ] did not satisfy CDA 17-657 C ( Apr does not do.. 18-395 ( June 4, 2021 ), E & I Global Energy Services, v..
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