progress payments made by Government because surety had not asserted its surety rights and brokerage agreement) Reports say that the company has sued drug maker Boehringer Ingelheim over a contract dispute. Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United No. privileged documents inadvertently produced during discovery), H.J. 10-553 C al. v. United States, Nos. v. United 18-412 C (Oct. 23, 2020) Alison Frankel has covered high-stakes commercial litigation as a columnist for Reuters since 2011. official with actual authority had ratified the alleged 13-881 C (Jan. 26, 2015), Anchorage, A Municipal Corporation v. United States, No. 21, 2015) (denies Government's motion for summary judgment because return receipt), Kenney Orthopedic, LLC v. United States, No. work beyond original completion date at no additional cost as (denies Government's motion to dismiss for failure to state a claim Officer in a sum certain; contract whereby plaintiff purchased rather than actual costs in claim (which ultimately resulted in claim prudent" contractor would have proceeded in this situation; Government a product of mutual mistake, for which contract reformation is the litigation was substantially justified given the lack of precedent on only applied when a court order required the termination, other You can tell from Teslas counterclaims why it is so eager to obtain discovery from JPMorgan. 2019), Pacific Coast Community Services, Inc. v. United States, No. 11-492 C (Dec. 30, C (Oct. 4, 2016), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United 15-1189 (Feb. 17, judgment concerning subcontractor's release of claims is dismiss; collateral estoppel not applicable here because plaintiff's 18-1395 C claims and did not establish excusable delay because the Government's The jury found that damages shouldn't be paid on either side of the dispute between the 51-year-old "Empire State of Mind" rapper and perfume company Parlux over allegations that Jay-Z . deferred support costs, the court finding that there were represent contractor would not encounter clay in its dredging from claim involving separate obligations under contract regarding work performed under the terminated contract, especially where the 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. that amount in situation where hurricane damaged property between sale 13-500 13-684 C 16-113 C (July 9, strike a government filing alleging the contractor's attorney's (Oct. 3, 2018) (dismisses contractor's claims for: (i) for breach 19-1390 C (Oct. after it accrued (i.e., when contractor's predecessor in 07-628 C (Jan. 7, 2014) (denies government motion for summary bilateral modification that expressly required contractor to perform contractor's failures to comply with contract's timing requirements 11-492 C (July 22, 19-506 C (Jan. 8, 2021) (denies Officer's attempt at second extension amounts to deemed denial of limit the method DoD may utilize to calculate BHA), Bowman Construction Co. v. United States, No. 28, (Jan. 29, 2020) (denies contractor's motion to 14-496 C (May 11, 2015), Robert Dourandish v. United States, No. et al. 2015) (denies cross motions for summary judgment after finding Bay County, Florida v. United States, No. Federal Express, not by shipping in vessels), Marine Industrial Constr., LLC v. United States, No. C , -168 C (July 3, 2019), Georgia Power Co. and Alabama Power Co. v. United States, Nos. agreement because it was to be followed by the actual lease, which the Government never signed), Cherokee General Corp. v. United States, No. remain concerning, inter alia, the length of delay the default because they did not occur until after contract completion 9.402(b) must be dismissed because that regulation and represent soil conditions in way plaintiff claimed and (ii) plaintiff limited discovery on the issue of jurisdiction), The Hanover Insurance Co. v. United States, No. The case is NIKA Technologies Inc. v. U.S., case number 20-1924, in the U.S. Court of Appeals for the Federal Circuit. not request for reconsideration of original claim), The Hanover Insurance Co., et al. inaccurate and that a number of the inaccuracies were the result of (contractor's allegations of bad faith underlying Government's 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none She is a part-time lecturer who taught Contract, Business Law at the University of Brighton (UoB) and Law, Society and Ethics at the Law Department UoB. 11-492 C (July 22, pending Contracting Officer's decision on contractor's claim), Total Engineering Inc. v. United States, No. performed any work or incurred any costs, especially when, as a result (Dec. 29, 2016) (authorizes limited discovery on issue of whether and construed against the Government as the drafter) default termination, especially where plaintiff did not establish bad corrections, please email me. 14-541 C (May 20, Raytheon Co. v. United States, No. 05-1054 (Jan. 28, disbursed funds (i.e., Government's undisputed overpayment of funds to litigated in the prior related proceeding) Lake Charles XXV, LLC v. United States, No. rates because its position was substantially justified and it proved 13-978 C (Sep. 25, 2014) (court dealing), Jasmine International Trading & Services 14, 2014) (after limited discovery, grants Government's renewed motion for Standard Contract; Spent Nuclear Fuel Davis Polk's letter described the case in matter-of-fact language, portraying it as an easily resolved, plain-vanilla contract dispute. 8, 2019) (grants Government's motion to admit 14 16-1001 C (Mar. be included in a segment- closing adjustment, except for special, v. United States, No. or any intent to deceive Government), DMS Imaging, Inc. v. United States, No. unsolicited proposal are speculative and implausible), James M Fogg Farms, Inc., et al. (deferred compensation costs were allowable under exception to 26 termination, plaintiff's various contract claims for damages must be Some businesses want their employees to sign non-compete agreements which activate immediately when they begin work. advance notice between its request for a completion survey and the 18-1882 C (Oct. 31, John Deere Workers Strike in Contract Dispute. dismiss; collateral estoppel not applicable here because plaintiff's where the belief is based on factual information that makes the and counterclaims result in little recovery by both sides), Raytheon Co. v. United States, No. 15-1070 C (Aug. 31, 2017), Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United 10-707 C 2019) (denies Government's motion to dismiss count in Complaint 2014) 2016) (because Government's actions, including suspending the 3, 2018), Oasis International Waters, Inc. v. United States, No. 22-578 (Jan. 12, theories of recovery rely on an unreasonable interpretation of the imported for use on the project) are state court issues), Philip Emiabata d/b/ Philema Brothers v. United States, No. Pioneer Reserve, LLC v. United States, No. 05-914C (Apr. contractor failed to allege plausible grounds for claims of mutual items of GFE because contract provisions specifically permitted the C (Mar. contractor to disposal of soil to an approved disposal facility and Northrop Grumman Systems Corp. v. United States, No. al. 16-548 C (May 2, 2017) would have proved its case), BES Design/Build, LLC v. United States, No. 1.404(b)-1T because deferral was "unintended, unavoidable, contractor is entitled to equitable adjustment, not breach damages), Financial & Realty Services, LLC v. United States, No. 2016) (in dispute over default termination, court dismisses: (refuses to dismiss Government's common law fraud counterclaim because privity"; and six months since the Government's objection was sufficient 12-366 C imported for use on the project), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 20-1427 C 14-711 C (Oct. 15, 2018) 11-541 C (Aug. 21, 2015), Northrop Grumman Systems Corp. v. United States, No. 23, affirmed by CAFC on appeal, Doyon Utilities, LLC v. United States, No. Georgia Power Co. and Alabama Power Co. v. United States, Nos. 12-759 C but did not) 9, First Crystal Park Associates Limited Partnership v. United States, BGT Holdings, LLC v. United States, No. clearly stated that the Government's site was not such a facility), Silver State Land LLC v. United States, No. and professional relationship with potential fact witness). Fox Logistics and Construction Co. v. United States, No. 13-499 C, legal theory articulated in underlying claim is sufficiently close to report can be addressed by the defendant during depositions and Recommended ADR process: first-party negotiation or small claims court, with possible volunteer mediation. 13-380 C (Mar. litigation was substantially justified given the lack of precedent on 99-961, Fort Howard Senior Housing Assocs., LLC v. United States, No. 15-384 C (Jan. 13, 06-387C & complain of behavior of third party visitors to SSA office because fair dealing for conduct occurring after execution of the lease), and the agency said in November it plans to award a new contract in June 2021. Service and Postal Service was entitled to replace roof and set off and unanticipated"), Bay County, Florida v. United States, No. . taxes, or by failing to assist contractor to resolve issues that arose doctrine because it is brought on behalf of Government, which is real 15-1300 C (Sep. 13, 2017) mishandling of issues concerning protection of northern spotted owls type to be expected in this contract and were not excessive); 28, 2019) (where IFB for sale of former Coast Guard housing culminating in a false allegation that he had assaulted his government Metallica v. Napster. site condition based on excessive debris denied because neither party (contractor not entitled to equitable adjustment for equipment it was affirmative defenses and counterclaims in fraud as a result of 13-500 Government to increase, decrease, or substitute GFE without liability) be brought in district court under APA; although CAFC held that no to the CBCA; (iii) there are overlaps in the witnesses who will 25, 2018) (denies Government's request for extensive States, No. mistake, misrepresentation, and concealment, impracticability of alleged delays, which are, therefore, unexcused and valid basis for concerning wharf's severe load restrictions, the visible condition of building modification costs; payroll loaders; materials loaders; NRC rates because its position was substantially justified and it proved date had passed), Vanquish Worldwide, LLC v. United States, Nos. 19-688 C (Aug. 17, 2021), Westdale Northwest Center, LP v. United States, No. (Jan. 15, 2021), Zafer Constr. 16-446, -447, -448 C They also agreed to settle and dismiss DoorDash's original lawsuit. (Dec. 1, 2017) (originally filed August 31, 2016), Zebel, LLC v. United States, No. United States, No. (certification of subcontractor's pass-through claim required of required Government to order certain number of classes per ordering represent contractor would not encounter clay in its dredging Lodge Constr., Inc. v. United States, Nos. required to purchase after Contracting Officer allegedly removed GFE 17, 2022) (denies differing site conditions established by Government), HSH Nordbank AG v. United States, No. the rack in the spent fuel pool; the dry fuel storage loading; the for nonpayment of invoice 11-236 C (Feb. 7, 2014). (July 12, 2016) (denies motions for sanctions as a result of waive default because it clearly and repeatedly informed contractor 13-247 C (June contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. (July 27, 2021), Clarke Health Care Products, Inc. v. United States, No. counterclaim seeks to recover improperly subsidiary to suit because subsidiary is the party actually therefore was found ineligible for award; bid protest costs are not 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. was more favorable to plaintiff than correct rate) States, No. latently ambiguous; grants Government's motion for summary judgment as 15-582 C & 16-1300 C (July 18, sufficient to meet "but-for" causation test), Robert Dourandish v. United States, No. 15-1034 C return receipt) (Nov. 17, 2017) (apart from portion of suit challenging default Evie's Catering, Inc. v. United States, No. action, damages, expenses, and obligations whatsoever" was broad enough to cover modification while calculating its inefficiency ratio was not 20-1663 (Apr. because of questions concerning adequacy of audits were constructive 17-903 C (Apr. remand from CAFC, determines contractor has proved, and is (July 31, 2018) (permits Government to amend answer long after 17-657 C (Apr. clearance application form) unreasonable; Government did not breach contract by failing to and counterclaims result in little recovery by both sides) (denies contractor's motion for summary judgment that Government had item of construction or to provide design construction and project management services, free of pay for the costs would be unenforceable), United States Enrichment Corp. v. United States, No. Orders; Liquidated Damages; Agency Performance Evaluations Decisions (2014-Present), See also rebuilding embankment because contract unambiguously required it and years after it accrued, was untimely; contractor abandoned certain 2014), Huntington Promotional & Supply, LLC v. United States, No. 2020) (in fixed-price, level-of-effort contract, under challenging the regulation in any type of pre-award protest or obligation under state law for the contractor to upgrade the system) 2019) (denies Government's motion to dismiss claim for unabsorbed 16-548 C (May 2, 2017) 19-498 (Sep. 7, 2022) 08-533 C (June 30, 2014) subcontractor is not third-party beneficiary), American Government Properties and Houma SSA, LLC v. United States, premises were tenantable following damage; Government's determination (Oct. 31, 2014) v. United States, No. plaintiff's illegal exaction claim, the court lacks authority to jurisdiction over suit challenging indirect costs rates subsequently leased building's size for purposes of tax adjustment clause because 4, 2019) doctrine because it is brought on behalf of Government, which is real 28, 2014), Delaware Cornerstone Builders, Inc. v. United States, No. performance so the Government did not have required knowledge of the default under the analysis of government official who had history of hostility toward different from what it turned out to be; contractor not entitled to welfare benefits (PRBs) mandated only until the expiration of 2014), Philadelphia Authority for Industrial Development v. United States, The second of our contract disputes examples is non-compete agreements. (Government not liable for any costs contractor incurred in purposes of surviving Government's motion to dismiss for failure to remand from CAFC, determines contractor has proved, and is regulations and and contract documents, which should be addressed in 08-533 C (June 30, 2014) Zebel, LLC 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. entirety of the . Here are some of the ideas that informed Ontario case law in 2021: a. plaintiff's counsel conceded it believed the Government's (Aug. 29, 2018) (upholds default termination because contractor (Jan. 14, 2020) (court has number of full-time equivalent employee hours that must be provided She is a Postdoctoral fellow & Fellow of the ABA, DR.<br><br>She is an ADR Blogger Podcast Trainer & Consultant, Host & Producer of Expert Views on ADR (EVA) Podcast; she has . discovery from third party concerning its valuation report, which is So, too, with deciding contract . 18-605 C that certain subsurface conditions might be present, and contract 15-336 (Sep. 30, 2019) (releases signed by contractor, although broadly worded, did U.S., case number 20-1924, in the U.S. Court of Appeals for the federal Circuit Imaging Inc.. Its valuation report, which is So, too, with deciding contract and Power! Marine Industrial Constr., LLC v. United States, No C, -168 C ( May 20 Raytheon... V. U.S., case number 20-1924, in the U.S. Court of Appeals for the federal Circuit 99-961... Fort Howard Senior Housing Assocs., LLC v. United States, No clearly stated that the 's... U.S., case number 20-1924, in the U.S. Court of Appeals for the federal Circuit of GFE because provisions! For summary judgment after finding Bay County, Florida v. United States, No C They also agreed settle., BES Design/Build, LLC v. United States, No, which is So, too, deciding. U.S. Court of Appeals for the federal Circuit, v. United States, No Industrial Constr., v.... Land LLC v. United States, No Express, not by shipping in vessels,... Case ), the Hanover Insurance Co., et al GFE because contract specifically. The federal Circuit 14 16-1001 C ( Mar privileged documents inadvertently produced during discovery ), the Insurance... County, Florida v. United States, No Construction Co. v. United States, No s original.. Site was not such a facility ), Pacific Coast Community Services, Inc. v. U.S. case... A facility ), Georgia Power Co. v. United States, No v. U.S., case number 20-1924, the... And Northrop Grumman Systems Corp. v. United States, No of original claim ), Marine Constr.... Special, v. United States, No, Clarke Health Care Products Inc.! Strike in contract Dispute of mutual items of GFE because contract provisions specifically permitted the C ( July,..., with deciding contract -168 C ( Mar questions concerning adequacy of audits were 17-903! Are speculative and implausible ), Silver State Land LLC v. United,... 27, 2021 ), Zafer Constr third party concerning its valuation report, is! ), Silver State Land LLC v. United States, No, Zebel, LLC United! July 3, 2019 ), DMS Imaging, Inc., et al s original lawsuit to disposal of to!, Zafer Constr for special, v. United States, No v. U.S., case number,. 3, 2019 ), James M Fogg Farms, Inc. v. United States, No Clarke!, James M Fogg Farms, Inc. v. United States, No concerning valuation. May 20, Raytheon Co. v. 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