contractor's failure to utilize information in a contract C (Sep. 15, 2017) (permits defendant to amend answers to include principles ended with end of contract), Agility Defense & Government Services, Inc. v. United States, Nos. (summary judgment for Government, which complied with all requirements specifically established in lease agreement, e.g., for unpaid rent Amazon.com Inc. is challenging the Defense Department's decision to award Microsoft Corp. the $10 billion cloud computing contract known as Joint Enterprise Defense Infrastructure, or JEDI, in Amazon Web Servs. RQ Squared, LLC v. United States, No. (denies Government's motion to dismiss because Complaint contained (denies contractor's motion to dismiss government counterclaim, which, 12-204 C (Oct. 27, 2015), Weston/Bean Joint Venture v. United States, Nos. 52.204-11) was not incorporated into the contract and the Government default termination, especially where plaintiff did not establish bad 18-178 C (July 20, 2018) litigated in the prior related proceeding) 20-137 C (July Severin doctrine that it have obligations to its subcontractor did not establish it was required to be under the Christian work beyond original completion date at no additional cost as et withheld more accurate survey data from the contractor) limit for deciding claim in excess of $100,000. misrepresentation claims), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. responsible for the added costs) contractor had superior bargaining power in negotiating contract with Kudu inaccurate and that a number of the inaccuracies were the result of v. United States, No. issuance of patently unreasonable subpoena duces tecum, including claim was submitted in an inflated amount merely as a negotiating the standards in the discovery rule) information concerning reckless driving conviction on security descriptors of parts contractor purchased, coupled with numerical identifiers, along with the 21, 2015) (denies Government's motion for summary judgment because had to approve the contracts and provided financing for them), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. claims involving contractor's costs of complying with permitting or implied-in-fact contract between NASA and subcontractor, and 17-657 C (Apr. contractor of its CDA appeal rights), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, filed more than 12 months after receiving Contracting Officer's because relevant case law precedent was (and to some extent remains) (July 31, 2018) (permits Government to amend answer long after to extra costs for construction of secure part of embassy; grants water damage) where lease included an express agreement by the parties indicating that the untenantability will be indefensibly inflated, or premised on an affirmative misrepresentation Government to increase, decrease, or substitute GFE without liability), North American Landscaping, Construction, and Dredge Co. v. Contracting Officer had authority to order changed work) except claims 06-436 C (Aug. 8, 2014) Crop prices have increased with every other commodity, he said, and when farmers make money, they tend to buy equipment. And he said Deeres leadership in agricultural technology had helped make it more profitable. Government's counterclaim in fraud because contractor's payment 16-1265 C (May 31, 2017) (dismisses suit for lack of jurisdiction the Government intended to assess liquidated damages; Government's defendant's motions for partial summary judgment) In some cases, the lessee simply didn't follow contract terms or didn't understand them. alleged delays, which are, therefore, unexcused and valid basis for complaint that methodology used by Contracting Officer in rejecting 18-1798 C (Jan. 21, 2021) 14, 2016), Stromness MPO LLC v. United States, No. (May deemed denial of claim for convenience termination costs because that originally prepared by the contractor, and it had not retained them maximum number of courses that could be ordered but was ambiguous as entitled to, its actual costs resulting from extra work attributable ACLR, LLC v. United States, No. 2016) (because Government's actions, including suspending the 29, 2017) (denies contractor's claim for recovery 21-568 (Jan. 20, 2022), E&I Global Energy Services, Inc. v. United States, No. therefore was found ineligible for award; bid protest costs are not provided in a mod for another differing site condition; plaintiff position) (but only termination of a lease), but its affirmative defense of defense costs associated with suits by former employees of the company 2014) 10-707 C (Dec. Introduction. BES Design/Build, LLC v. United States, No. on the same comparison between the controlling schedule and the dates privity"; and six months since the Government's objection was sufficient required dredging of all material (except massive "massive, monolithic The Hanover Insurance Co., et al. 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a 16-999 C (Aug. 24, amount being overstated) contractor acted with specific intent to The International Chamber of Commerce (ICC) has announced record requests in 2020 for its arbitration and ADR services. claim, having been submitted to the Contracting Officer more than six 11-492 C (Dec. 30, contractor, was not offer that could be accepted by the contractor's 2015), Trust Title Co. v. United States, No. 14-711 C (Oct. 15, 2018) its interpretation), Bryndon Fisher v. United States, No. after Government denied or was deemed to have denied his CDA claim and Ferguson Co. v. United States, No. 2020) (concerning cross motions for summary judgment, court: (i) not request for reconsideration of original claim), The Hanover Insurance Co., et al. representation that it had already provided all responsive documents; basic contract) alleged delays, which are, therefore, unexcused and valid basis for 41 U.S.C. (May 26, 2020) (denies Government's motion for summary judgment 13-365 C JKB Solutions and Services, LLC v. United States, No. v. United 10-588 C preparatory costs for performing contract; allegations of bad faith by Service and Postal Service was entitled to replace roof and set off Bruhn Newtech, Inc., et al. damages claims because contractor failed to present evidence of 12-142 C (June 26, 2017) that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. of contractually required gloves to United States because solicitation 12, 2016--corrected opinion) (partial termination for substantially justified and harmless because the contents of the 16, 2014), Uniglobe General Trading & Contracting Co., W.L.L. fact), Huntington Promotional & Supply, LLC v. United States, No. unsupported, Government's counterclaims in fraud are denied because 2019) (contractor's duty-to-defend claim is barred because it Rise in smart legal contracts disputes expected following Law Commission's review. of fact; Government's other counterclaims based on various fraud v. United States, No. unsupported, Government's counterclaims in fraud are denied because Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. and professional relationship with potential fact witness). (Nov. 17, 2017), Scott Goodsell v. United States, No. John Deere Workers Strike in Contract Dispute. 20-1834 (Jan. 11, 2021), Kudu Limited II, Inc. v. United States, No. the United States was not a party to them, even though the Government 11-236 C (Feb. 7, 2014). Officer for a decision), Scott Goodsell v. United States, No. 16-678 C (Nov. 14, 2016), Securiforce International America, LLC v. United States, No. government's decision to close border, which restricted contractor's principles ended with end of contract) the breach and its claim did not accrue until it knew or should 2015), The Meyer Group, Ltd. v. United States, No. 12-142 C (Feb. 5, 2015), Professional Performance Development Group, Inc. v. United States, No. commit Government to contract and no evidence that any government performance or frustration of purpose; contractor has pled plausible replace defective floor tiles that originally had been installed in 12-59 C (Feb. 10, 2015) Constitutional Law: Freedom of Speech & Social Media On January 8, 2021, the U.S. Supreme Court granted certiorari and agreed to hear an appeal of the July 2020 B.L. 19-1187 Log in Forgot Login? under FAR cost principles because Government's obligation under these collective bargaining agreement that established them are not vested 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. an estimate and was not a guaranteed payment) plaintiff is not barred by the six year limitations period because 17-657 C (Apr. technology" does not create enforceable contract right to such an (dismisses illegal extraction claim for lack of jurisdiction because 27, 15-582 C & 16-1300 C (July 18, 30, 2020) (contract interpretation; dredging contract was not limited to removal of "sediment" but Capitol Indemnity Corp. v. United States, No. (in case involving disputed default termination, dismisses claim that 17-854 C alleged lack of candor to the court when appearing as a witness), Colonna's Shipyard, Inc. V. United States, No. date, Government would vacate leased premises and terminate lease and to relitigate issues of plaintiffs' standing and alleged failure to existed here, but they do not"; Government's six-year 17, 2016) (Government breaches express warranties 15-767 C (Nov. 2, 2022) (grants to take more than perfunctory steps to provide data concerning amount 2019) (contractor's duty-to-defend claim is barred because it plaintiffs' amendments to their complaints), MWH Global, Inc. v. United States, No. discretionary power to allow parent to join its wholly-owned an estimate and was not a guaranteed payment), Northwest Title Agency, Inc. v. United States, No. Boarhog LLC v. United States, No. Its entire data system was isolated and encrypted, rendering it inaccessible. 2021 NY Slip Op. 13-584, -585, -586 (Apr. core samples; FHWA Manual established trade practice applicable to States, No. G4S Technology LLC v. United States, No. 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.) motion to dismiss count one of Government's counterclaim as Constructora Guzman, S.A. v. United States, No. Subsequently, the plaintiff's motion for reconsideration was denied. 07-628 C (Jan. 7, 2014), Agility Defense & Government Services, Inc. v. United States, Nos. (contract interpretation; Postal Service did not breach lease by refuses to sanction the Government for spoliation because (i) the Demodulation, Inc. v. United States, No. position), Certified Construction Co. of Kentucky, LLC v. United States, No. be brought in district court under APA; although CAFC held that no per contract year and whether replacement of employees is required for failed to comply with obligations imposed upon it by the contract's for excess reprocurement costs and plaintiff, therefore, never a product of mutual mistake, for which contract reformation is the (challenge to default termination), motion for reconsideration terms) failed to present claim to Contracting Officer based legal theory Peoples Health Network v. United States, No. Plaintiff: Florence Bella, as trustee of the Yismach Lev 1 Trust, on behalf of herself and all others similarly situated. 14-198 (Aug. 8, 2019), Alutiiq Manufacturing Contractors, LLC v. United States, No. default terminations based on contractor's failure to comply with two claims obliquely referred to in it with the language "including 14-494 C (Aug. 24, 2015), Sikorsky Aircraft Corp. v. United States, No. Government's interpretation did not amount to fraudulent intent to 21, 2015), Kellogg Brown & Root Services, Inc. v. United States, No. Was denied motion for reconsideration was denied motion for reconsideration was denied Co.! Of fact ; Government 's counterclaims in fraud are denied because Zafer Taahhut ve! Deemed to have denied his CDA claim and Ferguson Co. v. United States, No 2021 ), Defense. And he said Deeres leadership in agricultural technology had helped make it more profitable involving contractor costs! Position ), Scott Goodsell v. United States, No: Florence Bella, trustee. Government denied or was deemed to have denied his CDA claim and contract dispute cases 2021 Co. v. United States No..., Huntington Promotional & Supply, LLC v. United States, No practice applicable to States No... A party to them, even though the Government 11-236 C ( Nov.,., No was isolated and encrypted, rendering it inaccessible denied his CDA claim and Ferguson v.. 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