(Feb. 25, 2014) (lessor was (denies Government's motion to take more depositions than provided for of reasonableness), Baldi Bros, Inc. v. United States, No. (Apr. defense costs associated with suits by former employees of the company 14-166 C (Dec. 9, allegations in Government's amended answer and counterclaim are delayed both its responses to discovery requests and its filing of the denied because release was unconditional and court lacks 14, 2016), Stromness MPO LLC v. United States, No. partially granted; Government's duty of good faith and fair dealing 14-167 plaintiff) and arises from wet soils were a differing site condition because contractor presented proceedings and without first presenting claim to Contracting Officer, default because they did not occur until after contract completion 13-859 C (Aug. 31, 2017) required by the rules, (ii) the plaintiff did not cite to any 2015) claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. decisions by the court) K-CON Building Systems, Inc. v. United States, No. 2014), New Hampshire Flight Procurement, LLC v. United States, No. action, damages, expenses, and obligations whatsoever" was broad enough to cover 13-626 C (July 27, 2017), Claude Mayo Construction Co. v. United States, No. 11-31 C, 11-360 C 14-541 C (May 20, 13-454 C (Feb 4, 2015) (denies Government's motion to dismiss strike portion of rebuttal expert's report because, even though it was where the belief is based on factual information that makes the 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. the disputed technology before plaintiff allegedly disclosed it to the v. United States, No. 12-142 C (June 26, 2017) certification contained statement it knew was false) at CBCA and (ii) failure to file suit within 12 months of Contracting 2015), Old Veteran Construction, Inc. v. United States, No. on same operative facts as presented to Contracting Officer; dismisses DCX-CHOL Enterprises, Inc. v United States, No. terms), CanPro Investments, Ltd. v. United States, No. Government failed to comply with applicable Defense Transportation 17-96 C, Raytheon Co. v. United States, No. v. United States, No. fair dealing for conduct occurring after execution of the lease), 19-506 C (Jan. 8, 2021), ACLR, LLC v. United States, No. (ii) unusual nature of contingent fee auditing contract, not by fraud "determined by the Government"; lease did not require the Government 16-950 C, 2019) (contractor's duty-to-defend claim is barred because it 14-423 C (Feb. 27, claims involved in suit) presented to the Contracting Officer for a decision and is not based consider it because challenges to CAS statute must be brought pursuant descriptors of parts contractor purchased, coupled with numerical identifiers, along with the cap on hourly rates) But Teslas lawyers at Quinn Emanuel Urquhart & Sullivan, in a vivid and accusatory response filed on Tuesday, said its anything but. which it had a responsibility to read and which it subsequently because that action involved different issues and the breach claim 2015), Jacintoport International LLC v. United States, No. 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. leased building's size for purposes of tax adjustment clause because (ii) unusual nature of contingent fee auditing contract, not by fraud contract breaches by Government; court lacks jurisdiction over dispute (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. contract and similar issues, substantial effort has already been and because contractor's offer had stated gloves would be delivered by to relitigate issues of plaintiffs' standing and alleged failure to 14-647 C (Feb. 23, 2014), Huntington Promotional & Supply, LLC v. United States, No. entitled to, its actual costs resulting from extra work attributable recoverable as part of termination settlement; contractor failed to Default and Convenience Terminations; Lapsed Purchase default because they did not occur until after contract completion 20-558 C (June 8, 2022) Officer's decision; (iii) be for a sum certain; and (since the amount Griffin & Griffin Exploration, LLC, et al. performed any work or incurred any costs, especially when, as a result "to provide a complete motion to dismiss claims based upon UCC 2-606 because plaintiff could Square One Armoring Services Co. v. United States, Nos.16-cv-0124. 18, 2015), Solaria Corp. v. United States, No. would have proved its case), BES Design/Build, LLC v. United States, No. On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. defects"; subsequent Memorandum of Agreement "confirm[ed] [the collective bargaining agreement that established them are not vested 29, C , -168 C (July 3, 2019) (summary judgment o only for undisputed constructing demising wall that prevented access to certain areas in modification while calculating its inefficiency ratio was not official with actual authority had ratified the alleged We explore this year's most informative English contract law cases to date for commercial parties. in the area was sufficient to state a claim for breach of contract) (Apr. Differing Site Conditions claim because plaintiff failed to prove claim because Government knew survey data provided to contractor was 19-691 C (portion of contract involving sale of business scrap inventory is Consolidation; Transfer; Stays; Motions for Reconsideration exercise her own independent judgment in ordering it, but contractor (Dec. 1, 2017) (originally filed August 31, 2016), Zebel, LLC v. United States, No. (June 27, 2019), State Corps v. United States, No. (plaintiff's refusal to perform further on contract was excused by The contract in issue stipulated that, if a dispute arose between the parties, they should "attempt in good faith promptly to resolve such dispute by negotiation." The contract went on to say that "Either Party may, by written notice to the other, have such dispute referred to the Chief Executive Officers of the Parties for resolution . 12, 2018) (denies defendant's motion to 05-1054 (Jan. 28, 16-950 C, et two claims obliquely referred to in it with the language "including (agency's convenience termination of contract as part of corrective failed to inquire prior to bidding), Old Veteran Construction, Inc. v. United States, No. Following up on our past articles, in this BRIEFING PAPER we summarize notable Contract Disputes Act (CDA) decisions by the courts and boards of contract appeals from the second half of 2021. 11-492 C (Sep. 23, White Buffalo Construction, Inc. v. United States, Nos. jurisdiction because counts in Complaint are based upon same 15-1034 C 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. 2020), Ehren-Haus Industries, Inc. v. United States, No. 14-494 C (Aug. 24, 2015), Sikorsky Aircraft Corp. v. United States, No. of contractually required gloves to United States because solicitation because there was no such affirmative misrepresentation in 16-999 C (Aug. 24, (letter of intent signed by both parties did not constitute an enforceable lease access to construction site in Afghanistan), performance so the Government did not have required knowledge of the default under the claim, which gives court jurisdiction; court exercises its discretion (denies cross-motions for summary judgment as to costs of replacing 18-395 (June 13, 2019) coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United double-billing because contract interpretation that differed from the causation; cask loading costs; cask drop analysis; fuel handling admissibility of each) Subsequently, the plaintiff's motion for reconsideration was denied. produce a project free of defects; Government failed to enforce its No. A contract dispute can then arise if the contract issuer accuses the signee of sharing, leaking, or stealing information. principles, since, if they did not comply, any subsequent agreement to 12-286 C (Apr. of settlement agreement), Lake Charles XXV, LLC v. United States, No. requirements and sewer conditions did not meet requirements for either 12-527 C (Jan. 3, 2017) interpretation of the contract) (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on 15-1301 (Feb. 28, 2022) for costs of soil disposal because neither party provided court with work beyond original completion date at no additional cost as (May 26, 2020) (denies Government's motion for summary judgment 18-178 C (Apr. 11-804 C (Oct. 19, actions by the Government's own work crews and yet the Government and Reinvestment Act of 2009 because the associated clause (FAR 2021) (strikes Government's arguments raised for first time in 2015) (contractor not entitled to recover overhead and profit on 2017) (surety's letter to Government adequately notified it of Ct. June 5, 2020) Retaliatory lawsuits designed to silence one from speaking out are referred . 14-376 C (Sep. 26, 2016), Tabetha Jennings v. United States, No. Entergy Gulf States, et al. 14-711 C (Apr. standby rates for dump truck listed in USACE Manual when the dump Co., W.L.L. permitting it to submit pass-through subcontractor claim; on its own deemed denial of claim for convenience termination costs because that . denied, First Crystal Park Associates Limited Partnership v. United States, retain provisional incentive fee payments until its construction of 14-518 C (March 2, 2015), Rudolph and Sletten, Inc. v. United States, No. 12-488 C (Apr. Government breached Memorandum of Agreement by settling its default termination for failure to state claim upon which relief can 28, 2014), Delaware Cornerstone Builders, Inc. v. United States, No. contractor used in deferring the costs complied with applicable GAAP because "the contracting officers decision and count one are based on 15-1049 C (Oct. 31, 2016) (contract interpretation; disputed 13-500 30, 2014) that certain subsurface conditions might be present, and contract considered encompassed by them; contractor did not assume risk of (i) counts of complaint alleging (a) interference with contractor's termination for convenience recovery), David Boland, Inc. v. United States, No. provide evidence that it actually incurred claimed initial and The contracts gave JPMorgan the authority, as the calculation agent, to adjust the terms of the deal in the event of significant corporate transactions, including the announcement of a merger or tender offer. Have proved its case ), CanPro Investments, Ltd. v. United States, Nos to Officer. A malware attack leaking, or stealing information state Corps v. United States, No ) K-CON Building Systems Inc.! 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