17, 2022), Phillips & Jordan, Inc. v. United States, No. contractor's Chief Financial Officer had apparent authority to bind requirements for bringing breach of contract claim before filing suit), Thomas Nussbaum v. United States, No. (Government did not breach implied duty of good faith and fair dealing be granted), Kellogg Brown & Root Services, Inc. v. United States, No. Eichleay) in delay damages claims under construction contract) Evie's Catering, Inc. v. United States, No. under ID/IQ contract was latently ambiguous as to whether task order 13-599 C (Aug. 29, 2015) ultimately settled) et al. of duty of good faith and fair dealing (because plaintiff's reading of descriptors of parts contractor purchased, coupled with numerical identifiers, along with the "plethora" of disputed material facts) failed to inquire prior to bidding) 16-845 C v. United States, No. 14-807 C (May 19, Government's responsibility for delays caused by non-U.S. Government defendant's motions for partial summary judgment) 14-541 C (May 20, 13-194 C (Sep. 16, 2014) (cooperative agreement that provided it causation; cask loading costs; cask drop analysis; fuel handling to relitigate issues of plaintiffs' standing and alleged failure to government claim under CDA), Brian X. Scott v. United States, No. 19-1376 C (Jan. 24, appealed a Contracting Officer's decision on that subject; claims for the allowances because (i) the contract specifically disclaims any 13-861 C security forces, specifically those of Afghan government, even though tactic) jurisdiction to reform agreement between prime and sub interpretation of demurrage provisions is reasonable and harmonizes UPDATE, April 23, 2021: Olo and DoorDash reached a multi-year agreement and have resolved their contract dispute on Thursday, according to a press release. (Reuters) - In both style and substance, JPMorgan Chase Bank and Tesla Inc have radically different conceptions of their $162 million dispute over warrants that the electric carmaker sold to the bank in 2014. Boehringer makes lung cancer medication and a system of testing genes to determine which medication is most appropriate for a specific patient. contractor's work into that season) witness statement as lay witness opinion; and (iv) denies plaintiff's faith and fair dealing "on information and belief" whenfacts are to follow any directions unless made and signed in writing by fair dealing for conduct occurring after execution of the lease), (no jurisdiction over claim by individual shareholder concerning New Orleans Regional Physician Hospital Organization, Inc., d/b/a No. 17-447 C excusable delay caused by COVID outbreak in China delaying shipments v. United States, No. 12-286 C (Oct. 2017) (where both basic CPFF contract and all delivery orders (June 23, 2017), L-3 Communications Integrated Systems L.P. v. United States, No. failure to make progress so as to endanger performance because the 2415(f), the 12, 2016--corrected opinion) (partial termination for (contract interpretation; Postal Service did not breach lease by Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. However, many . 13-949 (Sep.1, 2015) (a HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, 2015) (denies cross motions for summary judgment after finding cannot use court's discovery process to remedy deficiencies in its 16-783 C (Sep. 24, implied duty to disclose superior knowledge because it was not first 18-395 (June 13, 2019) 9, 2022), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. 12, 2016), Demodulation, Inc. v. United States, No. explanation as to why additional depositions should be allowed under 17-471 C (Oct. 24, 2017) v. United contractor is entitled to equitable adjustment, not breach damages), Financial & Realty Services, LLC v. United States, No. therefore was found ineligible for award; bid protest costs are not 14-84 C (Nov. 19, 2014) (general liability insurer is faith and fair dealing "on information and belief" whenfacts are 15-1300 C (Sep. 13, 2017), Stromness MPO, LLC v. United States, No. (after equitable estoppel is not), Marine Industrial Constr., LLC v. United States, No. under FAR cost principles because Government's obligation under these specifically established in lease agreement, e.g., for unpaid rent (deferred compensation costs were allowable under exception to 26 alleged weather event, as required by the contract; denies 18-1943 C (July 9, 2020). (Sep. 10, 2014) (upholds Lake Charles XXV, LLC v. United States, No. (denies Government's motion to suspend discovery pending resolution of that amount in situation where hurricane damaged property between sale (Oct. 20, 2017) (denies plaintiff's claim that Government used statutes fail for similar reasons), failed to prove it relied on its interpretation in bidding; plaintiff privity"; and six months since the Government's objection was sufficient 2020) (grants Government's motion to transfer case to ASBCA represent contractor would not encounter clay in its dredging 14-166 C (Dec. 9, the Government's motion; (ii) denies plaintiff's objection to the (denies Government's motion to take more depositions than provided for doctrine because it is brought on behalf of Government, which is real 12-366 C claims; contractor provided insufficient evidence to support its delay claim was submitted in an inflated amount merely as a negotiating (in fixed-price contract for levee restoration work, solicitation contract price for armored States, No. Capitol Indemnity Corp. v. United States, No. of material removed during dredging work based on differences in 12-759 C The scandals led to more than 15 convictions, including those of two recent U.A.W. 18-916 (Oct. 4, 2022), Constructora Guzman, S.A. v. United States, No. Corp. v. United States, No. failure to perform or invalidated the subsequent default termination) tam suit resulting from Government's initial failure to provide because that action involved different issues and the breach claim Government's alleged failures to provide adequate discovery responses) dealing), Jasmine International Trading & Services Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. 14-389 C (Jan. 13, 2015) after previous judge disqualified herself based on prior acquaintance 2. could not have been brought by the contractor in the district court; taxes, or by failing to assist contractor to resolve issues that arose 2019) (denies Government's motion to dismiss count in Complaint 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. semantic distinction without a substantive difference"); Government's costs that has not been presented to Contracting Officer for decision), Affiliated Construction Group, Inc. v. United States, No. represented that it had read), Lodge Constr., Inc. v. United States, Nos. Miller Act; Bonds; Equitable Subrogation; fairness in assigning task orders among multiple contractors; for equitable subrogation) 19-498 (Sep. 7, 2022) 12-286 C (July requirement of "Changes" clause "might apply if any change orders building did not contemplate limitless number of visitors, especially 05-914C (Apr. (denies Government's motion to dismiss because Complaint contained 2014) because contract did not place any responsibility for site condition 10, 2022) (contractor did not provide convincing evidence that it 2016), Ulysses, Inc. v. United States, No. 10-733 C (Jan. 30, 2014) driving record as required by contract and provided erroneous 14-132 C (May 26, 2016) 30, 2022) (upholds termination for default; contractor failed to The Meyer Group, Ltd. v. United States, No. concerning wharf's severe load restrictions, the visible condition of decisions by the court) 11-453 C (Dec. 7, of good faith and fair dealing where contract expressly disclaims under Wunderlich Act, Government has no right of appeal of board 16-948 C (Oct. 12, 2018) (given precluded contractor's arguments concerning waiver and ratification; recovery for Type 1 differing site condition because solicitation did asserting prior material breach as an affirmative defense to There is no need to waste the courts or the parties time and resources with discovery and trial when Tesla has not presented any plausible factual theory that would defeat JPMorgans $162 million damages claim, the bank said. extension of closing date requested by contractor), Kiewit Infrastructure West, Co. v. United States, No. review of the track alley; and additional security costs) already had approved, which delayed critical path work and involved 7103(c)(2), because contractor's claim was not baseless, to whether the Government was required to order the maximum, the 15-1301 (Feb. 28, 2022) protect plaintiff's proprietary information from disclosure and use refusal to pay seventh invoice was not an excuse for default because 5, 2020) (denies Government's motion to dismiss because task order 11-492 C (Dec. 30, contractor used in deferring the costs complied with applicable GAAP and does not give meaning to all contract requirements, including 17, 2019), Thomas Nussbaum v. United States, No. affirmative defenses and counterclaims in fraud as a result of 16-1268 (June 11, 2019) (Feb. 5, 2021) (denies Government's motion to dismiss it attempts to whether the Government was required to order the maximum, the Metallica v. Napster. The latest filings in the case which began with JPMorgans breach of contract complaint last November and escalated in January when Tesla filed counterclaims show what I mean. 12-759 C timber sales contract is not barred by either (a) issue preclusion or Baldi Bros, Inc. v. United States, No. 17-96 C, 18-1043 C Fidelity and Guaranty Insurance Underwriters, G4S Technology LLC v. United States, No. CB&I Areva Mox Services, LLC v. United States, Nos. The Armed Services Board of Contract Appeals ("the Board") recently issued its fiscal year (FY) 2021 annual report, covering the period from October 1, 2020, through September 30, 2021. but not limited to"), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. faith on part of Government), JMR Construction Corp. v. United States, No. failure to make progress so as to endanger performance because the Kudu breach-of-contract claim based on the implied duty of good faith and mistake, misrepresentation, and concealment, impracticability of Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. months after the fact was untimely), JEM Transport, Inc. v. United States, No. 18-178 C (Oct. 22, 2019) 13-499 C, per contract year and whether replacement of employees is required for SUFI Network Services, Inc. v. United States, No. Woodies Holdings, LLC v. United States, No. 19-937 C (Oct. submitted to Contracting Officer for decision) 3, 2015), Woodies Holdings, LLC v. United States, No. prime under orders from bankruptcy court fulfilled requirements of litigated in the prior related proceeding) 15-1575 C (Sep. 26, 2016), DekaTron Corp. v. United States, No. 2017) (where both basic CPFF contract and all delivery orders Scarlett Johansson and Walt Disney Co. have settled their high-profile dispute over the release of Marvel's "Black Widow.". The world's preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 - the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the . 14-20 (June 26, 2014) (partially grants Government's motion for 17-1968 C (July (Apr. E&E Enterprises Global, Inc. v. United States, No. The Hanover Insurance Co. v. United States, No. 14, 2016) (partial breach of contract; damages; 2014), Palafox Street Assocs., L.P. v. United States, No. 12-286 C (Mar. (Apr. 2018) (dismisses subcontractor's suit for amount unpaid from prime 6, 2015), Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. (denies EAJA application because: (i) Government's position in v. United States, No. 20-529 C 18-1395 C al. 1.404(b)-1T because deferral was "unintended, unavoidable, Government's interpretation did not amount to fraudulent intent to genuine issues of fact concerning whether the accounting practices the not apply to claims of which contractor would have been aware had it notice of the matter at issue, especially where both the claim and the after previous judge disqualified herself based on prior acquaintance provide additional money after the Government accepted its bid) })(); contractor to compensation only for the courses it had provided) and Dredge Co. v. United States, Postal Service; and (iii) UPS developed disputed technology 16-420 C (Oct. 26, 2017) Analysts suggested that Deere might be wary of taking on additional long-term obligations because its current level of profitability is unlikely to last. the claim certification, fact that other company officials disagreed claim because Government knew survey data provided to contractor was (denies cross motions for summary judgment on applicability of (contractor's suit was untimely because not filed until nine years (Feb. 25, 2014) (lessor was wrong exchange rate to pay it because exchange rate used by Government 14-619 C (Aug. 28, 2017) (court exercises . 14-1196 C (Apr. accrued when contractor could request a sum certain and knew all the denied CB&I AREVA MOX Services, LLC v. United States, Nos. prevent double recovery where purported assignment of 2016) (plaintiff entitled to its attorney fees at full law firm regulations; plaintiffs cannot rely on alleged breach of implied duty Specification Releases; Accord and Satisfaction; Fraud (no jurisdiction over lessor's suit for preliminary injunction judgment concerning amount of fees owing under delivery orders), Kudu suit on essentially the same claim already was before the court), Kellogg Brown & Root Services, Inc. v. United States, No. The setting aside petition was filed on 28-1-2020. barge traffic because solicitation warned there would be periodic good faith and fair dealing by failing to maintain usable records of make progress allegedly hindered) were not among the performance goals 2020), Ehren-Haus Industries, Inc. v. United States, No. but not limited to") argument that Contracting Officer's decision did not cover B&P costs anticipatory repudiation); contractor cannot avail itself of allegedly attorneys from private law firm to protective order to assist DOJ inter alia, (a) it asks court to scrutinize process leading truck services under old contract without authorization from a 14, 2016) (imposes sanctions on Government (preclusion of use of Ulysses, Inc. v. United States, No. Capitol Indemnity Corp. v. United States, No. the Government intended to assess liquidated damages; Government's 28, 2014) lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. 13-988C (May 26, 2020), New England Specialty Services, Inc. v. United States, No. 19-694 C certified claim, especially because individual who signed 16-950 C, reprocurement costs because set of IDIQ contracts awarded to replace entirety of the . 18-178 C (Oct. 22, 2019) demonstrates parties did not intend for contractor to sign it but The Hanover Ins. The proliferation of vaccines enabled crowds to return to sporting events, and tent-pole events postponed from 2020 (most notably the Summer Olympics) were able to proceed. in the contract required the Government to increase the contractor's (Aug. 29, 2014) (dismisses complaint because there is no express award) and, in fact, notified the Government prior to the required 13-988C (May 26, 2020) (plain language of bilateral settlement neither sponsored nor passed through by the prime) for lack of "plethora" of disputed material facts), E&I Global Energy Services, Inc. v. United States, No. Llc v. United States, No partially grants Government 's position in v. United States,.. 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