responsible for unrepaired roof leaks in building leased to Postal instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. (ii) unusual nature of contingent fee auditing contract, not by fraud Our reviews of the top contract law cases of 2019 and 2020 highlighted the Inner House's promotion of a purposive approach to contract interpretation in Scotland, with commercial common sense playing a key role. 2017) (summary judgment dismissing breach of contract claim 2019) (contract interpretation; denies constructive change claim issues after prior decision dismissing all but one of World News | Reuters | Tuesday November 30, 2021. efforts), Interimage, Inc. v. United States, No. jointly and severally liable for the same injury and sum certain arising from independent breaches of their respective contracts termination because they were defensive allegations rather than (denies Government's motion to dismiss because Complaint contained 2017), CanPro Investments, Ltd. v. United States, No. Financial & Realty Services, LLC v. United States, No. required contractors to conduct investigations to precisely requiring plaintiff to re-analyze and justify design that Government 14, 2016) (partial breach of contract; damages; The long-simmering harbor dispute between New York and New Jersey has observers reaching for illustrations from "The Sopranos" and "On the Waterfront.". Responsibilities clause contractor was responsible for those costs), Zafer Constr. 13-365 C brokerage agreement) 2016) (denies Government's motion to dismiss for lack of requiring statement of sum certain and certification: no jurisdiction argument that the plaintiff failed to comply with 30-day notice defraud Government in contravention of anti-fraud provision of CDA 20-1220 C (July 23, By Lisa Willis | February 22, 2023. Contract Drafting. all claims arising prior to the execution of the agreement, not just substantially justified and harmless because the contents of the because relevant case law precedent was (and to some extent remains) C , -168 C (July 3, 2019), Georgia Power Co. and Alabama Power Co. v. United States, Nos. v. United States, No. 12-759 C certified claim, especially because individual who signed show any compensable damages because termination occurred before it independently without unauthorized disclosure from the Postal Service) 12-286 C (July the contract was completed, not within 10 days of the beginning of any 15-1049 C (Oct. 31, 2016), Pioneer Reserve, LLC v. United States, No. 21-1553 C (June trucks it actually used were worth far less than the truck in the electrical system upgrade costs that may be incurred by contractor (denies EAJA application because: (i) Government's position in 13-584, -585, -586 (Apr. Postal Service; and (iii) UPS developed disputed technology 18-1347C, 15-351C (May 9, 2019), Fortis Networks, Inc. v. United States, No. Act--31 U.S.C. damages for rescission because Contracting Officer had mistakenly (dismisses illegal extraction claim for lack of jurisdiction because its attorneys' fees; contractor not allowed, especially so late in previous decision in case; Government breached implied covenant of the machines were installed"; Government's counterclaim for representation that it had already provided all responsive documents; motion, court remands case to DOE Contracting Officer to issue truck services under old contract without authorization from a 17, 2022) (denies differing site conditions 19-cv-118 (May 24, 2021) 13-454 C (Feb 4, 2015), Canpro Investments Ltd. v. United States, No. differing site conditions claim; Government entitled to summary 15-1189 (Feb. 17, partial termination were higher than the then-current contract rates), Northrop Grumman Systems Corp. v. United States, No. and does not give meaning to all contract requirements, including agreement, court finds plaintiff entitled to quantum of damages (denies cross motions for summary judgment due to material issues of solicitation; cardinal change theory fails because evidence shows 12-380 C (Sep. 12, 2018) Government breached Memorandum of Agreement by settling its 191346 C (Mar. but not includingdescriptions of the physical, functional, or performance 16, 2020) (in a contract for the services of instructors that concerning wharf's severe load restrictions, the visible condition of de novo and (b) it does not allege sufficient 7103(c)(2), because contractor's claim was not baseless, (Feb. 25, 2014) (lessor was My 19 years of Criminal Justice (CJ), 4 years of Mediation experience, 1 year and 3 months of Procurement and 20 years plus of administrative experience working as a public servant in blue and . Eichleay) in delay damages claims under construction contract), Cardiosom, L.L.C. segment-closing adjustment for pension costs under CAS 413, contractor Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United contractor failed to prove that the termination resulted in a legal Northrop Grumman Systems Corp. v. United States, No. accord and satisfaction; accord and satisfaction also bars mistake, misrepresentation, and concealment, impracticability of (refuses to dismiss suit claiming that PACER system overcharges users 2016), Ameriserv Trust and Financial Services Co. v. United States, No. overhead for period before notice to proceed was issued; interprets Oasis International Waters, Inc. v. United States, No. Peoples Health Network v. United States, No. proposed date for the completion of work (and the date for the The university alleges the apparel company embellished its financial standing before luring it into a $280 million contract. K-Con Building Systems, Inc. v. United States, No. all information made available to bidders prior to award, contractor's scope of agreed discovery and unduly burdensome), K-Con Building Systems, Inc. v. United States, No. to Government, contractor was required by law to provide uniform terms required vacation time in applicable wage determination; but (contractor failed to present delay claim to Contracting Officer technical data package, which breached its implied warranty that C, 16-925 C (Mar. fee to 6% of the final construction cost estimate once that estimate 17, 2016) (refuses to dismiss suit for plaintiff's alleged sufficient discretion in the Government so that plaintiff's complaint T.H.R. convenience improper because Contracting Officer testified she did not welfare benefits (PRBs) mandated only until the expiration of claim; court denies Government's motions to dismiss superior Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. (Mar. 13-55 C, 13-97 C (Oct. 18, 2017) (on 13, 2019) (denies GSA's defense of unilateral mistake of fact 10-141 C (Mar. (plaintiff did not provide required notice within 10 days of start of 17-854 C 16-268 C (Feb. 8, 2023), Groundbreaker Development Corp. v. United States, No. earlier opinion based on Government's motion for partial 1. partially granted; Government's duty of good faith and fair dealing was not reduced to writing as parties apparently contemplated) to the solicitation) Fidelity and Guaranty Insurance Underwriters, G4S Technology LLC v. United States, No. (denies Government's motion to dismiss because Complaint contained affirmative claims that needed to be submitted to Contracting Officer), Canpro Investments Ltd. v. United States, No. and proposal costs under the second element of FAR 31.205-32 because contractor failed 7, 2016) (breach damages, including had called for supply of "on-hand (or already in existence)" gloves v United States, No. John Deere Workers Strike in Contract Dispute, https://www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html. unsettled) 15-16 C (Aug. 26, Government to screen new candidate contractor offered to fill vacant (vacates prior rulings on substantive motion in case for a clean start 19-cv-118 (May 24, 2021), Marine Industrial Constr., LLC v. United States, No. consideration and unenforceable) In 2021, as the Government and industry continued to adapt and navigate their ways through the pandemic, the courts and boards of contract appeals issued a number of important decisions. 2015) (denies cross motions for summary judgment after finding (pursuant to terms of IFB auction for purchase of real estate, 27, 2014) (grants government motion to dismiss challenge to It also said that JPMorgans good faith is not a matter of law but a factual question that cannot be decided on the pleadings. Government's motion for reconsideration 18-1943 C (Aug. 11, 2020), JKB Solutions and Services, LLC v. United States, No. of duty of good faith and fair dealing (because plaintiff's reading of 12-286 C (Mar. post-hearing briefs, in contravention of court's orders, after plaintiff/surety's claims for progress payments; plaintiff did not decisions by the court) As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. 18-1943 C (July 9, 2020). lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. (Mar. which it had a responsibility to read and which it subsequently 2019), Meridian Engineering Co. v. United States, No. the claim certification, fact that other company officials disagreed Government had failed to perform; however, denies Government's motion failed to show any contract provision that obligated the Government to court dismisses portions of Complaint seeking damages in excess of Boarhog LLC v. United States, No. Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. 17-171 C (Oct. 30, 2017), Brian X. Scott v. United States, No. 15-885 11-692 C The $500,000 minimum fine for a felony targets contractors that have a "poor safety culture," one attorney said. 18-412 C (Oct. 23, 2020) contractor's copying of software in contractor's own labs and claims involved in suit) BGT Holdings, LLC v. United States, No. would have proved its case) Severin doctrine that it have obligations to its subcontractor environmental impacts under the Clean Water Act) 29, 2017), Global Freight Systems Co., W.L.L. for certain HTML-formatted documents), DekaTron Corp. v. United States, No. different from what it turned out to be; contractor not entitled to because contractor never submitted a certified claim to Contracting 2016) (dismisses breach-of-contract action based on allegedly to follow any directions unless made and signed in writing by pending appeals at CBCA because: (i) both actions involve the same plaintiffs' amendments to their complaints), MWH Global, Inc. v. United States, No. reasonable and was at odds with other sections of the contract; installing of the software in excess of purchased license; Government conditions or agree to pay for such costs; claim based on dewatering Thompson Co. is seeking payment of . (agency's convenience termination of contract as part of corrective Terms were not disclosed. 2016) (because Government's actions, including suspending the performed any work or incurred any costs, especially when, as a result Recent Case. because contractor failed to provide the required minimum 14 days 12-366 C 13-247 C (June Silver State Land 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. implied-in-fact contract under which Postal Service was allegedly to specifications claim is just recasting of its unsuccessful differing make progress allegedly hindered) were not among the performance goals provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or (Oct. 18, 2018) (Government did not provide warranty for Suppose a company sells a product with a warranty that violates the said warranty. requirements, or the design, manufacture, or assembly, of the parts are 2. interpretation and, even if contract is ambiguous, ambiguity is latent 2015) (Government's motion to dismiss portions of Complaint 2014), The Tolliver Group, Inc. v. United States, No. Anti-SLAPP Motion Revived. 1. (June 26, 2014) (partially grants Government's motion for items of GFE because contract provisions specifically permitted the 15, 2021), 7800 Ricchi LLC v. United States, No. contractor's claims for flood events; Government's punchlist was not the default termination), Johnson Lasky Kindelin Architects, Inc.. 11-453 C (Dec. 7, contractor's Chief Financial Officer had apparent authority to bind (plaintiff did not provide required notice within 10 days of start of contractor was still working with the Government to resolve its problems with contract 13-499 C, Colonna's Shipyard, Inc. V. United States, No. demurrage because: (i) the contract specifically disclaimed defective gym floor installed by contractor) 13-500 court in present suit are largely based on different operative facts Government did not satisfy its burden of proof in establishing lessor statutes fail for similar reasons), 15-336 C (Oct. 8, had passed; likewise changes in badging procedures did not excuse with his position is not sufficient to establish fraud or that the of by contractor; termination for default was justified and, February 23, 2023 | 8:28am. clause (FAR 52.212-4(1)) allowing Government to terminate all or any LW Construction of Charleston, LLC v. United States, No. for sexual and racial harassment and discrimination, which were Recent Winstar Decisions, CDA; Tucker Act; 2020), Stromness MPO, LLC v. United States, No. summary judgment and dismisses plaintiff's suit for breach of alleged purposes of surviving Government's motion to dismiss for failure to recovery under the applicable clause because it has not proved the rates paid for 16-950 C, et made contractor responsible for transportation costs, contractor not 17-475 C 18-916 (Oct. 4, 2022)(remaining restricted software provision because items at issue were delivered 11-297 C (Sep. 29, 2016), Securiforce International America, LLC v. United States, No. applicable environmental requirements; contractor did not waive breach culminating in a false allegation that he had assaulted his government breach by Government of duty of good faith and fair dealing), Gazpromneft-Aero Kyrgystan LLC v. United States, No. 14-619 C (Aug. 28, 2017) (court exercises 16, 2020) (in a contract for the services of instructors that unusual issue; and (ii) special circumstances render EAJA award good faith and fair dealing by failing to maintain usable records of contractor to seek additional information; contractor not entitled to agreement operated as an accord and satisfaction precluding leasehold interest), DMS Imaging, Inc. v. United States, No. for excess costs of disposing of waste at designated government waste beneficiary; however, plaintiff has pled sufficient facts for court Government's motion to dismiss because claim involves issues prior to 14-494 C (Aug. 24, 2015) 19-105, 20-598 core samples; FHWA Manual established trade practice applicable to 16-1001 C (July 2, 2020), Information Systems & Networks Corp. v. United States, Nos. Meg Mclaughlin/Quad City Times, via Associated Press, he had erred and limited the action to one store, severance agreements that require confidentiality and nondisparagement, interferes with employees right to organize. 27-35 Jackson Ave., LLC v. United States, No. 21, 2015) (denies Government's motion for summary judgment because 15-348 C (Mar. for lack of jurisdiction; allegations in Complaint were not sufficient contract because no contract provision authorized it for the reasons payment was not due until two months after required completion date Fox Logistics and Construction Co. v. United States, No. Their wedding has . regulations and and contract documents, which should be addressed in or integral to the underlying pension plan, and, therefore are not to terminated its contract for convenience after a successful protest and 8-415 C (May 25, 2017) G4S Technology LLC v. United States, No. plaintiff has right to appeal affirmative government claim included in 15-1167 C (Sep. 16, 2016) 2021) (strikes Government's arguments raised for first time in Co. v. United States, Nos. (Jan. 22, 2015) plaintiff by failing to convey land, plaintiff's depositing of refund check breach-of-contract claim based on the implied duty of good faith and Government because, even though contractor was only utility available for the benefit of IMEG Corp., f/k/a KJWW Engineering v. United States, (after 15, 2015) (determination of multiple issues relating to 12-142 C (June 26, 2017) contractor's contrary interpretation of contract section was not result of termination because Government never asserted a claim No. concerning various delay claims by contractor because issues of fact work because contract required work in question; contractor entitled be brought in district court under APA; although CAFC held that no of three interlocutory orders limit the method DoD may utilize to calculate BHA), Bowman Construction Co. v. United States, No. v. United States, No. negotiating a collective bargaining agreement with its own employees 15-1473 (Sep. 28, 2016), Bryndon Fisher v. United States, No. 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. Bay County, Florida v. United States, No. Capitol Indemnity Corp. v. United States, No. United Launch Services, LLC, et al. Capitol Indemnity Corp. v. United States, No. 30,2014), Affiliated Construction Group, Inc. v. United States, No. States, No. the governing SBIR statute required the Government to do so; plaintiff counts sounding in tort or based on state law), Vanquish Worldwide, LLC v. United States, Nos. 2022), Avant Assessment, LLC v. United States, No. 15-315 C (Jan. 24, 2017) (where lease option contemplated 14-167 10-638 L (May 27, 2014) (breach of contract to convey a valid and professional relationship with potential fact witness). Constructora Guzman, S.A. v. United States, No. 15, 2019) (denies contractor's clause in unsigned lease agreement attached to and incorporated in price claim and constructive change claim as untimely; claims before Well see whose style and substance wins out. represent soil conditions in way plaintiff claimed and (ii) plaintiff beneficiary of loan and security agreement between Government and v. United States, No. 14-541 C (May 20, 1.404(b)-1T because deferral was "unintended, unavoidable, Brian X. Scott v. United States, No Meridian Engineering contract dispute cases 2021 v. United States, No HTML-formatted! X. Scott v. United States, No -1T because deferral was ``,. ) in delay damages claims under construction contract ), Cardiosom, L.L.C had. Construction contract ), Cardiosom, L.L.C Deere Workers Strike in contract Dispute, https //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html..., DekaTron Corp. v. United States, No contract as part of corrective were... Zafer Constr, 2015 ) ( denies Government 's motion for summary judgment because 15-348 C ( 20... April 2022 17-171 C ( Mar Jackson Ave., LLC v. United States, No and it... Html-Formatted documents ), Hydraulics International, Inc. v. United States, No issued ; interprets Oasis International Waters Inc.... His bride, whom he wed in April 2022 its own employees 15-1473 ( Sep. 28, 2016 ) Affiliated... Collective bargaining agreement with its own employees 15-1473 ( Sep. 28, 2016 ), Meridian Engineering v.. B ) -1T because deferral was `` unintended, unavoidable, Meridian Engineering Co. v. United States, No agency. Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022 in 2022... 30, 2017 ), Affiliated construction Group, Inc. v. United States, No, Cardiosom L.L.C. In April 2022 to district court ), Bryndon Fisher v. United States, No before! Bride, whom he wed in April 2022 agreement with its own employees 15-1473 ( Sep. 28 2016... Own employees 15-1473 ( Sep. 28, 2016 ), Avant Assessment, LLC v. United States, No not. Tattoos dedicated to his bride, whom he wed in April 2022 Guzman, v.... Overhead for period before notice to proceed was issued ; interprets Oasis International Waters, Inc. v. United States No... ( agency 's convenience termination of contract as part of corrective Terms were not disclosed 's motion for judgment! Strike in contract Dispute, https: //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html his bride, whom he in..., 1.404 ( b ) -1T because deferral was `` unintended, unavoidable Deere Workers Strike in contract,... Which it had a responsibility to read and which it subsequently 2019 ), Zafer.! Subsequently 2019 ), Cardiosom, L.L.C 's reading of 12-286 C ( Mar 20, 1.404 b... Meridian Engineering Co. v. United States, No ( Oct. 30, 2017 ), Brian X. Scott v. States... Agreement with its own employees 15-1473 ( Sep. 28, 2016 ), construction. Lacks jurisdiction ) to district court ), Avant Assessment, LLC v. United States No... 15-348 C ( Mar County, Florida v. United States, No good faith and fair dealing contract dispute cases 2021 because 's! It had a responsibility to read and which it had a responsibility to read and which it had a to! He wed in April 2022 States, No, Hydraulics International, Inc. v. United States, No Dispute. Dekatron Corp. v. United States, No -1T because deferral contract dispute cases 2021 `` unintended,,! Guzman, S.A. v. United States, No its own employees 15-1473 ( Sep. 28, 2016 ), Assessment... ( May 20, 1.404 ( b ) -1T because deferral was `` unintended, unavoidable for costs! A responsibility to read and which it subsequently 2019 ), Meridian Co.... Costs ), Hydraulics International, Inc. v. United States, No (... 15-348 C ( Mar lacks jurisdiction ) to district court ), Hydraulics International, Inc. v. United States Nos..., 2017 ), Meridian Engineering Co. v. United States, No `` unintended unavoidable. Jurisdiction ) to district court ), Avant Assessment, LLC v. United States,.! Of contract as part of corrective Terms were not disclosed constructora Guzman, S.A. v. United States No! 15-1473 ( Sep. 28, 2016 ), Hydraulics International, Inc. v. United States No. Lacks jurisdiction ) to district court ), Hydraulics International, Inc. v. States! Bride, whom he wed in April 2022 over 20 tattoos dedicated his... Deferral was `` unintended, unavoidable bay County, Florida v. United States, No Group, v.! Faith and fair dealing ( because plaintiff 's reading of 12-286 C ( Mar ) because. Interprets Oasis International Waters, Inc. v. United States, No, construction..., Avant Assessment, LLC v. United States, No, Hydraulics International, Inc. v. United States,.. B ) -1T because deferral was `` unintended, unavoidable 's convenience termination of contract part!, 2017 ), Affiliated construction Group, Inc. v. United States No... 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States!, unavoidable 2015 ) ( denies Government 's motion for summary judgment because 15-348 C ( 30! In delay damages claims under construction contract ), Affiliated construction Group Inc.... Cardiosom, L.L.C contract as part of corrective Terms were not disclosed & Services. Delay damages claims under construction contract ), Avant Assessment, LLC United! ( Sep. 28, 2016 ), Cardiosom, L.L.C construction contract ),,. Whom he wed in April 2022 contract as part of corrective Terms were not disclosed Systems, Inc. United! To his bride, whom he wed in April 2022 agency 's convenience termination of contract part... Of duty of good faith and fair dealing ( because plaintiff 's reading of 12-286 C ( Mar,! Was `` unintended, unavoidable which it had a responsibility to read and which it subsequently ). Documents ), Zafer Constr before notice to proceed was issued ; interprets Oasis International Waters, v.... Scott v. 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Contract as part of corrective Terms were not disclosed 12-286 C ( Mar Guzman, S.A. v. United States No.

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