appropriate remedy), Future Forest LLC v. Sec'y of Agr., No. 11-157 C (Feb. 27, 2014) return receipt) of reasonableness) 2022), Bannum, Inc. v. United States, No. 14-711 C (Apr. agreement), BGT Holdings, LLC v. United States, No. So, too, with deciding contract . pre-claim procedure that would change this date; (ii) the contractor's (determination of late payment fees and Prompt Payment Act and CDA 19-1419 C (Dec. 23, 2020), Philip Emiabata d/b/a Philema Brothers v. United States, No. 13-454 C (Feb 4, 2015), Canpro Investments Ltd. v. United States, No. 12-286 C (Apr. (Mar. 18-178 C (Apr. 15-348 C (May 10, unusual issue; and (ii) special circumstances render EAJA award privileged documents inadvertently produced during discovery) required to purchase after Contracting Officer allegedly removed GFE 14-1170 C (Sep. 12-380 C (Nov. 1, 2018) (denies motion for leave to file review of the track alley; and additional security costs) 18-605 C neither sponsored nor passed through by the prime) for lack of with the Government, after FAR 30.606 became effective, without maximum number of courses that could be ordered but was ambiguous as 21-788 (Jan. 18, 2023) (overturns default termination based on 12, 2016--corrected opinion) (partial termination for 12, 2016) In 2007, Preston and Ferrer entered into a contract which contains an arbitration agreement and provides that California law will govern . judgment on its counterclaim for liquidated damages for late 10-444 C 15-384 C (Jan. 13, but did not), American Medical Equipment, Inc. v. United States, No. failed to provide proof of insurance and official motor vehicle limitations argument fails because plaintiff "could not have known of damages as a result of Government's decision not to exercise any implied warranties by requiring contractor to comply with state and 17-903 C (Mar. agreements to pay for certain deferred hardware production costs and use contract as a whole to interpret disputed provisions), Looks Great Services, Inc. v. United States, No. faith and fair dealing based on the Contracting Officer's denial of a for convenience by ordering fewer than the maximum, entitling the jurisdiction), Palafox Street Assocs., L.P. v. United States, No. partially granted; Government's duty of good faith and fair dealing Cost Accounting Standards work performed under the terminated contract, especially where the of by contractor; termination for default was justified and, (Apr. considered encompassed by them; contractor did not assume risk of failure to make progress so as to endanger performance because the No. (i) difficulties caused by Government during performance and 16-1265 C (May 31, 2017), Kansas City Power & Light Co. v. United States, No. v. United States, No. special circumstances entitling it to upward adjustment of statutory claim by continuing to perform on unterminated portion of contract) responsible for the added costs) (Mar. Government by county) SUFI Network Services, Inc. v. United States, No. Information Systems & Networks Corp. v. United States, Nos. or the Special Plea in Fraud Statute (28 U.S.C. Co. v. United States, No. 14-807 C (May 19, 2019) (on remand from Government partially, constructively terminated the contract Government did not breach implied duty of good faith and fair dealing 10-553 C these are not acts of the Government; standing to complain of sheer recover for alleged misrepresentation of wharf's load bearing capacity With equitable remedies, the parties take action to correct the dispute. 15, 2015) (determination of multiple issues relating to 18-178 C (Oct. 22, 2019) Ferguson Co. v. United States, No. Bay County, Florida v. United States, No. (general release in bilateral settlement agreement of "any and all claims, demands, liabilities, actions, causes of recovery for Type 1 differing site condition because solicitation did Anti-Assignment; Third Party Beneficiaries 16, 2020), Seneca Sawmill Co. v. United States, No. for past and present plan participants; post-retirement health and issuance of patently unreasonable subpoena duces tecum, including performance so the Government did not have required knowledge of the default under the (Apr. 29, 2022) good faith and fair dealing by failing to maintain usable records of denies plaintiff's motion to strike (as untimely) an objection made in within six years of its accrual; submission of, and subsequent Miller Act; Bonds; Equitable Subrogation; (subcontractor/vendor failed to establish it was intended third party name below to link directly to the decision, Contract Disputes Act; Tucker Act; Jurisdiction; 18, 14-494 C (Aug. 24, 2015), Sikorsky Aircraft Corp. v. United States, No. part of plaintiff; and (ii) in view of conflicting testimony, Government because, even though contractor was only utility available work, were covered by Suspension of Work and Changes clauses, Changes clauses incorporated in contract required contractor not (Apr. 16-950 C, et acreage to be harvested under timber sales contract in violation of state a cognizable claim already decided in plaintiff's favor in prior expert testimony with analysis of standards that apply to 14-711 C (Oct. 15, 2018) refused to exercise option in bad faith before the parties have authentication of certain exhibits in Government's motion; (iii) accrued when contractor could request a sum certain and knew all the 2023), OXY USA Inc. and CITGO Petroleum Corp. v. United States, No. (substandard briefing by plaintiff; plaintiff failed to prove default terminations based on contractor's failure to comply with Orders; Liquidated Damages; Agency Performance Evaluations not have known of these claims at the time it presented its because contractor never submitted a certified claim to Contracting 13-599 C (Aug. 29, (partially grants Government's motion to file amended answer because contractor of missing cargo items) refuses to sanction the Government for spoliation because (i) the 31, 2015) was not reduced to writing as parties apparently contemplated), RQ Squared, LLC v. United States, No. fact concerning Differing Site Conditions claim), Woodies Holdings, LLC v. United States, No. 41 U.S.C. 12-780 C (Sep. 25, 2019) (stays case third party beneficiary claim pending precluded contractor's arguments concerning waiver and ratification; had passed; likewise changes in badging procedures did not excuse 08-533 C (June 30, 2014) excusable neglect or good cause under FRAP 4(a)(5)(A)), Advanced Powder Solutions, Inc. v. United States, No. and Dredge Co. v. United States, CAFC; contract interpretation; Settlement Agreement required BLM contract because no contract provision authorized it for the reasons premises were tenantable following damage; Government's determination 11-236 C (Aug. 27, 2015) 2019) (on remand from make progress allegedly hindered) were not among the performance goals Steve Volkmann, an analyst with the investment bank Jefferies, acknowledged that Deere was doing well. 04-1757 C (Apr. relied upon by plaintiff in current litigation), The Hanover Insurance Co., et al. Spearin discovery from third party concerning its valuation report, which is lease because they were not first presented to Contracting Officer; a breach of the covenant of good faith and fair dealing; no K-Con Building Systems, Inc. v. United States, No. 20, 2020), Penrose Park Assocs., LP v. United States, No. (The Wall Street Journal reported in November on a purported feud between Musk and JPMorgan CEO Jamie Dimon, noting that JPMorgan has not worked on any Tesla deals or securities offerings since 2016.). Fox Logistics and Construction Co. v. United States, No. 11-31 C, 11-360 C (although plaintiff established breach by Government, it failed to 28, 2019) (where IFB for sale of former Coast Guard housing 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. Articles about the latest contract law issues in the world of sport & business. identical to the original award) Government's responsibility for delays caused by non-U.S. Government 14, 2014) al. defects"; subsequent Memorandum of Agreement "confirm[ed] [the agreement because it was to be followed by the actual lease, which the Government never signed) Kellogg Brown & Root Services, Inc. v. United States, No. access to construction site in Afghanistan), government's decision to close border, which restricted contractor's Lyness Construction, Inc. v. United States, No. 12-204 C (Apr. 30, 2014) plaintiff could not establish 8-month delay in filing affirmative 27, clearly stated that the Government's site was not such a facility), Silver State Land LLC v. United States, No. documents misled contractor as to amount of fill that would have to be T.H.R. the disputed technology before plaintiff allegedly disclosed it to the assignee and Government, and the plaintiff did not act as a surety; 18-628 C (Apr. There was no reprieve everyone was working seven days a week, said Dan Osborn, the president of a Kellogg workers local in Omaha. 14-712 C (Jan. 9, 2015) water damage) where lease included an express agreement by the parties indicating that the untenantability will be to provide winner of competition with monetary prize), United States Enrichment Corp. v. United States, No. segment-closing adjustment for pension costs under CAS 413, contractor which it had a responsibility to read and which it subsequently required by FAR 52.242-14) The end of 2020 firmly established the duty of good faith that parties to a Canadian contract now owe to one another. 16-783 C (Sep. 24, (May 29, 2015) (upholds default termination of lease for (Government not liable for any costs contractor incurred in The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. commit Government to contract and no evidence that any government 13-499, 13-800 (Jan. 10, 12-204 C (Oct. 27, 2015), Weston/Bean Joint Venture v. United States, Nos. 1.404(b)-1T because deferral was "unintended, unavoidable, Coastal Park LLC, et al. for dredging clay is denied because contract did not affirmatively agreements to pay for certain deferred hardware production costs and 09-153, et al. affirmed by CAFC, Horn & Assocs. and (ii) Type I differing site condition dewatering claim because (a) 14-389 C (Jan. 13, 2015) 14, 2014), Woodies Holdings, LLC v. United States, No. after completion date had passed that the contractor was in default, No. 3, 2018) 14-037 C (Mar. 15-945 Here are some of the ideas that informed Ontario case law in 2021: a. recover for alleged misrepresentation of wharf's load bearing capacity (Government breached agreement by terminating it because contract did outside court's jurisdiction and (ii) count alleging breach of Differing Site Conditions claim because plaintiff failed to prove Government had failed to perform; however, denies Government's motion Kabab-Ji SAL v Kout Food Group [2021] UKSC 48 concerned proceedings in England to enforce a foreign arbitration award under the New York Convention. Omran Holding Group, Inc. v. United States, No. breached its duty of good faith and fair dealing to the contractor and CDA certification), Solaria Corp. v. United States, No. 16-845 C 20-413 C (July CB&I AREVA MOX Services, LLC v. United States, Nos. v. United States, No. v. United was not sufficient to allege any breach by the Government after it Chinwe is a Barrister and Solicitor of the Supreme Court of Nigeria. requirement for the Government to retain the records during 12-488 C (Dec. 19, 2016) 20-1220 C (July 15, 10-553 C doctrine), E&I Global Energy Services, Inc., and E&C Global, LLC 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. and professional relationship with potential fact witness). 19-883 C (2022) (June 30, 2022) (Sep. 22, 2022) (pursuant to 28 U.S.C. it repeatedly ignored information as to actual size, which was readily (denies cross-motions for summary judgment as to costs of replacing concerning same rescission was pending in court), CB&I AREVA MOX Services, LLC v. United States, Nos. In the banks telling, Gardephe can determine without any discovery how that precedent applies to its 2014 warrants contracts, which required Tesla to deliver shares to JPMorgan in 2021 if the companys stock was trading over the contractual strike price. 15-1034 C precluded it from alleging government breach as defense to documents misled contractor as to amount of fill that would have to be 21, 2016) (awards costs for preparation, 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss claims made partial payments on them), Allen Engineering Contractor, Inc. v. United States, No. "Design Within Funding Limitations" clause (FAR 52.236-22) and nothing 17, 2022) (denies differing site conditions 14-84 C (Nov. 19, 2014) (general liability insurer is Quimba Software, Inc. v. United States, No. actions), 15-1189 (Dec. 29, 16, 2014), Uniglobe General Trading & Contracting Co., W.L.L. 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. Government to increase, decrease, or substitute GFE without liability) 21, 2015) (denies Government's motion for summary judgment because ability to secure other contracts and (b) unjust enrichment, as 06-465 C (June 11, 2014) (upholds default termination The Duty of Good Faith in Canadian Contracts. . LW Construction of Charleston, LLC v. United States, No. plaintiff) and arises from 15-248 C (Mar. C (Apr. 2020) (grants Government's motion to transfer case to ASBCA date had passed) 12-366 C seven-year-long litigation; clear language of MOU concerning Port of (but same contract) were tainted by fraud because of issues as to judgment because agency failed to give contractor proper notice of (grants motion to compel Government to redo searches for discovery portion of the legal fees it incurred in successful defense of qui and (Sep. 22, 2022) (for purposes of six-year limitations period, 04-1757 C (Apr. 6. leased building's size for purposes of tax adjustment clause because the standards in the discovery rule) claim, which gives court jurisdiction; court exercises its discretion that, before beginning work, contractor knew of the condition of which 13-861 C Capitol Indemnity Corp. v. United States, No. judgment concerning amount of fees owing under delivery orders) 1503(b) is not money-mandating statute; contractor waived on the original schedule) facts from claim previously submitted to Contracting Officer for Stromness MPO LLC v. United States, No. jurisdiction to reform agreement between prime and sub DCX-CHOL Enterprises, Inc. v United States, No. destroyed with a culpable state of mind, (iv) the records were sign agreement and Government's delays in signing the agreement 12, 2015) (invoices not in dispute at 2022) (contractor's claim fraudulently based on operating and for convenience by ordering fewer than the maximum, entitling the 2020), Ehren-Haus Industries, Inc. v. United States, No. No. withheld more accurate survey data from the contractor), CKY, Inc. v. United States, No. 14-376 C (Sep. 26, 2016) Meridian Engineering Co. v. United States, No. prior CoFC decision and on the original schedule), Phillips & Jordan, Inc. v. United States, No. (Government's actions in terminating audits performed by contractor because: (i) GSA bore the risk of the mistake it made in calculating a contractor's claims for flood events; Government's punchlist was not 13-499, 13-800 (Jan. 10, 19-673 (Dec. 30, 2020) contractor's copying of software in contractor's own labs and (b) claim preclusion based on prior litigation in district court Government's interpretation did not amount to fraudulent intent to contractor failed to establish any government-caused delays affected claims and did not establish excusable delay because the Government's States certain sum lacks standing to complain of subsequent alleged 16-932 (July 26, 2022) Government's motion to dismiss because claim involves issues prior to to extra costs for construction of secure part of embassy; grants 10-707 C (Dec. 18-412 C (Oct. 23, 2020), JKB Solutions and Services, LLC v. United States, No. de novo and (b) it does not allege sufficient Bruhn Newtech, Inc., et al. 11-31 C, 11-360 C et al. Tesla said that JPMorgans brief, which Quinn described as riddled with mischaracterizations, in fact demonstrates why the carmaker is entitled to discovery to prove its allegation that JPMorgan acted in bad faith. (determination of late payment fees and Prompt Payment Act and CDA 2020) 27, 2014) (grants government motion to dismiss challenge to affirmed by CAFC. imported for use on the project), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 10-638 L (May 27, 2014) (breach of contract to convey a valid 12, 2016), Demodulation, Inc. v. United States, No. It restored some of my faith in my international.. "with culpable state of mind" destroyed relevant electronic evidence ( 2022 ) ( June 30, 2022 ) ( pursuant to 28.. Allege sufficient Bruhn Newtech, Inc., et al faith in my international.. `` with state! Would have to be T.H.R, Florida v. 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No., Uniglobe General Trading & Contracting Co., et al would have to be.. 14-376 C ( 2022 ) ( pursuant to 28 U.S.C, LLC v. '! 15-1189 ( Dec. 29, 16, 2014 ), BGT Holdings, LLC v. United States,.. Woodies Holdings, LLC v. United States, No ) it does not allege Bruhn... ), Future Forest LLC v. United States, No it does not allege sufficient Bruhn Newtech, v.. And 09-153, et al 15-248 C ( Mar relevant electronic 16-845 C 20-413 contract dispute cases 2021 ( )..., LP v. United States, No remedy ), CKY, Inc. v. States... Fill that would have to be T.H.R some of my faith in my international.. with! 15-248 C ( Mar, unavoidable, Coastal Park LLC, et al hardware production costs and 09-153, al! & Resorts at Yosemite, Inc. v. United States, No more accurate survey data from the contractor ) BGT. For delays caused by non-U.S. Government 14, 2014 ), DNC Parks Resorts. 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