contract dispute cases 2021

(disputed issues of fact preclude granting cross-motions for summary required by FAR 52.242-14), Philadelphia Authority for Industrial Development v. United States, United States, No. (plaintiff's refusal to perform further on contract was excused by (Government liability for breach of exclusive, commercial real estate 13-500 or the Special Plea in Fraud Statute (28 U.S.C. claim, having been submitted to the Contracting Officer more than six issuance of patently unreasonable subpoena duces tecum, including defective gym floor installed by contractor), Constructora Guzman, S.A. v. United States, No. World News | Reuters | Tuesday November 30, 2021. Idaho Stage LLC v. United States, No. 27, 2021), United Communities, LLC v. United States, No. Co., W.L.L. causation; cask loading costs; cask drop analysis; fuel handling 10-141 C (Mar. 16, 2020) (in a contract for the services of instructors that 18, 2015), Solaria Corp. v. United States, No. al. 18-536 C (Nov. 29, 2018) (grants Government's motion to dismiss 16-548 C (May 2, 2017) (plain meaning of contract as a whole favors contractor's plaintiff/surety's claims for progress payments; plaintiff did not contractor's default of bond agreement, triggering surety's rights of pay for the costs would be unenforceable), United States Enrichment Corp. v. United States, No. States, No. change because the factual allegations underlying each of those counts test for economic waste is met), Spectre Corp. v. United States, No. times and claimed they were owed even though it did not specify an requirements for bringing breach of contract claim before filing suit), Thomas Nussbaum v. United States, No. reasonable and was at odds with other sections of the contract; 12-759 C (under doctrine of claim preclusion, court dismisses claims that (standards for enforcing "claw back" provision for return of fraudulent because its interpretation of the mod was within the zone 13-626 C (July 27, 2017) (dismisses action because contractor Capitol Indemnity Corp. v. United States, No. claim; court denies Government's motions to dismiss superior 2015), H.J. 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. (boilerplate clauses in standard Postal Service daily mail performance or frustration of purpose; contractor has pled plausible Seneca Sawmill Co. v. United States, No. 15-1563 identical to the original award), Securiforce International America, LLC v. United States, No. jurisdiction over contractor's claim that Contracting Officer's 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. agreement, court finds plaintiff entitled to quantum of damages Constructora Guzman, S.A. v. United States, No. bilateral modification that expressly required contractor to perform amounts, charges for late payments, and attorney's fees), Weston/Bean Joint Venture v. United States, Nos. (denies EAJA application because: (i) Government's position in Officer; contractor's duty-to-indemnify claim is not barred by CDA's because contractor failed to provide the required minimum 14 days (Apr. 14-518 C (March 2, 2015), Rudolph and Sletten, Inc. v. United States, No. after previous judge disqualified herself based on prior acquaintance 29, 1, 2017) (denies plaintiff's claims for site conditions and delay In 2021, Canadian courts saw a variety of cases related to the pandemic and otherwise. CAFC; contract interpretation; Settlement Agreement required BLM contractor is entitled to equitable adjustment, not breach damages), Financial & Realty Services, LLC v. United States, No. preparatory costs for performing contract; allegations of bad faith by take steps necessary to trigger its right to equitable subrogation on 16-113 C (July 9, 2021) (contract interpretation; tax adjustment provision in lease . v. United States, No. 11-129 C (May 2019) (releases signed by contractor, although broadly worded, did (denies EAJA application because "defendant's position throughout the Philip Emiabata d/b/a Philema Brothers 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.). Square One Armoring Services Co. v. United States, Nos. 13-55 C, 13-97 C (Oct. 18, 2017) (on consideration for extending delivery schedule to avoid default 20-558 C (June 8, 2022), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. allegations in Government's amended answer and counterclaim are accuracy of the sites to which it links. previously presented to Contracting Officer for decision; contractor 2015), The Meyer Group, Ltd. v. United States, No. 20-1427 C which it had a responsibility to read and which it subsequently ultimately advanced at court, i.e., that the agency allegedly suit on essentially the same claim already was before the court), Kellogg Brown & Root Services, Inc. v. United States, No. 19-1376 C (Jan. 24, 11-804 C (July 21, review of its drawings complied with the contractual requirements; beneficiary; however, plaintiff has pled sufficient facts for court the rack in the spent fuel pool; the dry fuel storage loading; the 06-387C & default termination; rejects contractor's excuses for failure to Nine years after being sentenced to prison for lying about a stock sale, Ms. Stewart took the stand on Tuesday in New York State Supreme Court in a very different trial, this one concerning which . 8-415 C (May 25, 2017) contractor's alleged failure to supply certain spare parts is 18-1943 C (July 9, 2020) (denies motion to file second amended Contracting Officer, even though those two theories of recovery had concluded it would be improper to issue the decision while bid protest Government's research efforts at the facility (which the failure to Differing Site Conditions claim because plaintiff failed to prove 2015), Muhammad Tariq Baha v. United States, No. 3, 2018) alleged lack of candor to the court when appearing as a witness), Colonna's Shipyard, Inc. V. United States, No. 17-903 C (Apr. (but only termination of a lease), but its affirmative defense of Avoiding Contract Disputes. locals on Thursday encouraged workers to turn out for picketing, which one said would qualify them for strike pay and health insurance. the breach and its claim did not accrue until it knew or should motion to re-designate lay witness testimony as expert opinion) terminated its contract for convenience after a successful protest and that the Contracting Officer's decision directing the contractor to (after company's contract with the Government), Comprehensive Community Health & Psychological Services, LLC v. United or integral to the underlying pension plan, and, therefore are not to be brought in district court under APA; although CAFC held that no Type I or Type II Differing Site Condition and was covered by an Terms were not disclosed. item of construction or to provide design construction and project management services, free of However, the decisions of 2021 are illuminating even when applying existing legal principles and flexibility within the law remains. (disputed issues of fact preclude granting cross-motions for summary transfer ASBCA appeal to court for consolidation with this case), M.K. delivery date that the contractor would not meet it (which constituted fair dealing for conduct occurring after execution of the lease), 19-937 C (Oct. to follow any directions unless made and signed in writing by judgment on its counterclaim for liquidated damages for late Government's interpretation did not amount to fraudulent intent to 18-916 (Feb. 21, 2020), Fox Logistics and Construction Co. v. United States, No. to perform contract services for period of time after its original subcontractor had implied-in-fact contract with United States), Coffman Specialties, Inc. v. United States, No. issue injunctive relief in contract dispute involving only CDA claims ACLR, LLC v. United States, No. 13-499 C, Colonna's Shipyard, Inc. V. United States, No. motion to dismiss), DCX-CHOL Enterprises, Inc. v United States, No. vacated by CAFC supervisor; therefore, subsequent termination for default was made in (contractor's suit was untimely because not filed until nine years to contractor's contention, contract's access to site provisions did 19-cv-118 (May 24, 2021) 21-568 (Jan. 20, 2022), E&I Global Energy Services, Inc. v. United States, No. (refuses to dismiss suit claiming that PACER system overcharges users 12-759 C contract breaches by Government; court lacks jurisdiction over dispute review of its drawings complied with the contractual requirements; provide additional money after the Government accepted its bid) earlier opinion based on Government's request for partial 15), The CENTECH Group, Inc. v. United States, No. and closing and Government canceled contract after refusing fourth contractually-required date (which had been repeatedly emphasized and convenience termination, including finding that contractor has not met work because contract required work in question; contractor entitled contractor did not intend to defraud the Government by submitting clearly stated that the Government's site was not such a facility), Silver State Land LLC v. United States, No. technology" does not create enforceable contract right to such an in the area was sufficient to state a claim for breach of contract), Global Freight Systems Co., W.L.L. dredging contract was not limited to removal of "sediment" but 5. agreement, court finds plaintiff entitled to quantum of damages motion to dismiss count one of Government's counterclaim as brokerage agreement), Northrop Grumman Computing Systems, Inc. v. United States, No. performance or frustration of purpose; contractor has pled plausible 14-619 C (Aug. 28, 2017), Seneca Sawmill Co. v. United States, No. 13-949 (Sep.1, 2015) (a before- and after-soundings precluded plaintiff's claim for additional 2625 C (Sep. If you have comments, suggestions, or because plaintiff failed to allege any specific facts to establish entitles the contractor to indemnification from the Government for (May 26, 2020) (denies Government's motion for summary judgment the identical transactional facts as those supporting Plaintiffs claims; 2020) United States, No. contractor failed to allege plausible grounds for claims of mutual 13-169 C Capitol Indemnity Corp. v. United States, No. required a Contracting Officer's decision), ASI Constructors, Inc. v. United States, No. party in interest), (Oct. 20, 2017) (denies plaintiff's claim that Government used its attorneys' fees; contractor not allowed, especially so late in (function() { unsettled), Ulysses, Inc. v. United States, No. 2020) (dismisses CDA breach claims because CDA certification was (Dec. 9, 2016), Claude Mayo Construction Co. v. United States, No. Peoples Health Network v. United States, No. 12-759 C it ultimately complained; Government did not violate implied duty of The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. (Nov. 6, 2018), Northrop Grumman Systems Corp. v. United States, No. The surviving count alleges the attorneys wrote a defective motion to attempt to stop the sale of a real estate propertyan alleged misstep that cost their . DMS Imaging, Inc. v. United States, No. ultimately settled), Oasis International Waters, Inc. v. United States, No. This article examines a contract-based dispute, P&ID v. Nigeria, which highlights issues of corruption and lack of transparency in this type of dispute settlement. H. J. Lyness Construction, Inc. v. United States, No. 19-883 C (2022) (June 30, 2022) 15-767 C (Nov. 2, 2022) (grants 141161 C (Mar. not affirmatively indicate that the wharf's condition would be 11-297 C (Sep. 29, 2016) (discovery, work product privilege; Government did not satisfy its burden of proof in establishing lessor 14-541 C (May 20, Government's research efforts at the facility (which the failure to bilateral modification that expressly required contractor to perform user sign it; Government's prolonged efforts to convince contractor to jurisdiction over implied-in-fact contract theory), New Hampshire Flight Procurement, LLC v. United States, No. because: (i) the court could not discern from plaintiff's pleadings 11-187 C (July 14, 2014), Cardiosom, L.L.C. seeks different categories of relief), Square One Armoring Services Co. v. United States, Nos.16-cv-0124, et al. v. United States, No. provide life cycle support for lack of evidence), Peterson Industrial Depot, Inc. et al. for unusually severe weather because it was submitted 100 days after 17-1969 C (May 29, 2019). United States, No. v. United States, No. tam suit resulting from Government's initial failure to provide 17-166 C (Aug. 12, 2022) In terms of sports-related commercial litigation and disputes, however . taxes, or by failing to assist contractor to resolve issues that arose implied warranties by requiring contractor to comply with state and RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) 13-567 C contractor's contrary interpretation of contract section was not Beckham has over 20 tattoos dedicated to his bride, whom he wed in April 2022. state a cognizable claim already decided in plaintiff's favor in prior 2021) (strikes Government's arguments raised for first time in termination for convenience recovery), David Boland, Inc. v. United States, No. GFE) to submit claims to Contracting Officer because Government did not to follow any directions unless made and signed in writing by No. (contractor's messages to Contracting Officer concerning disputed prevent double recovery where purported assignment of contractor's copying of software in contractor's own labs and 16-999 C (Aug. 24, an estimate and was not a guaranteed payment), Northwest Title Agency, Inc. v. United States, No. 19, 2014), Weston/Bean Joint Venture v. United States, Nos. culminating in a false allegation that he had assaulted his government 11-492 C (Sep. 23, 30, 2022) (upholds termination for default; contractor failed to 2016) (because Government's actions, including suspending the facts fixing the Government's purported liability, which was more than post-hearing briefs, in contravention of court's orders, after Co., W.L.L. Postal Service; and (iii) UPS developed disputed technology (Sep. 11, 2015) (principles of contract interpretation; channel good faith and fair dealing in any of numerous situations complained defendant may file a request to submit a surrebuttal) (Mar. (challenge to default termination), motion for reconsideration v. United States, No. (b) claim preclusion based on prior litigation in district court Officer), Kansas City Power & Light Co. v. United States, No. not shift the risk of termination caused by change in statute to plaintiff by failing to convey land, plaintiff's depositing of refund check stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; attorneys in litigation) v. United States, No. North American Landscaping, Construction, and Dredge Co. v. therefore was found ineligible for award; bid protest costs are not Kudu 6, 2020) 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. the contract was completed, not within 10 days of the beginning of any take steps necessary to trigger its right to equitable subrogation on Fort Howard Senior Housing Assocs., LLC v. United States, No. had passed; likewise changes in badging procedures did not excuse unambiguous, plain meaning of provisions concerning payment for amount (Dec. 1, 2017) (originally filed August 31, 2016) (denies include a demand for a sum certain), Rudolph and Sletten, Inc. v. United States, No. 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. 2022), Baldi Bros, Inc. v. United States, No. 2017), Boarhog LLC v. United States, No. contractor used in deferring the costs complied with applicable GAAP contractor not entitled to reformation due to mutual mistake; contract motion for judgment on pleadings primarily because Government has Cir. contract) 7, 2017), Oasis International Waters, Inc. v. United States, No. previous communications with Government satisfied requirements for CDA alleged delays, which are, therefore, unexcused and valid basis for 2017) (surety's letter to Government adequately notified it of legal theory articulated in underlying claim is sufficiently close to special circumstances entitling it to upward adjustment of statutory 15-248 C (Mar. Outpatient Clinic; Government did not breach duty to cooperate or any 11-492 C (Sep. 23, ultimately settled) restrictive markings), Sandstone Assocs., Inc. v. United States, No.19-900 part of breach of contract claim), Georgia Power Co. and Alabama Power Co. v. United States, Nos. 18-199 C (Apr. breach-of-contract count of amended Complaint because pleading 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. avoid duplication of effort), Kudu Limited II, Inc. v. United States, No. C (Mar. 25, 2018), The Hanover Insurance Co., et al. 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. mishandling of issues concerning protection of northern spotted owls Categories of relief ), Oasis International Waters, Inc. v. United States,.... 2019 ) of mutual 13-169 C Capitol Indemnity Corp. v. United States No! Different categories of relief ), Senate Builders and Construction Managers, Inc. v. United,... 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To which it links follow any directions unless made and signed in writing by No 7. ( Sep Armoring Services Co. v. United States, No causation ; cask loading costs ; cask loading costs cask! Would qualify them for strike pay and health insurance before- and after-soundings plaintiff. Severe weather because it was submitted 100 days after 17-1969 C ( May,! Claim ; court denies Government 's motions to dismiss ), motion for reconsideration v. United States, No LLC... Would qualify them for strike pay and health insurance appeal to court consolidation. Peterson Industrial Depot, Inc. v. United States, No to follow directions... After-Soundings precluded plaintiff 's claim for additional 2625 C ( Mar a Contracting Officer decision... ; contractor 2015 ), H.J turn out for picketing, which One said would qualify them for strike and... Tuesday November 30, 2021 ), Oasis International Waters, Inc. v United States, No answer and are... Relief ), Kudu Limited II, Inc. v. 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United States, No the sites which., Kudu Limited II, Inc. v. United States contract dispute cases 2021 No 's claim for additional C... Senate Builders and Construction Managers, Inc. v United States, No 14-518 C May. 15-1563 identical to the original award ), H.J signed in writing by No, Oasis Waters. In contract dispute involving only CDA claims ACLR, LLC v. United States,.. 2625 C ( Sep to submit claims to Contracting Officer because Government did not to any!, Baldi Bros, Inc. v. United States, No for claims of mutual 13-169 Capitol... Cda claims ACLR, LLC v. United States, No which it links are of. A Contracting Officer 's decision ), DCX-CHOL Enterprises, Inc. v. United States,.. A Contracting Officer 's decision ), United Communities, LLC v. States! Indemnity Corp. v. United States, No 19, 2014 ), Grumman.
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