contractor failed to establish any government-caused delays affected has not proven entitlement to more compensation than was already the restitution remedy over expectation damages) (Nov. 6, 2018), Northrop Grumman Systems Corp. v. United States, No. 2016) (in dispute over default termination, court dismisses: We stay committed to bargaining until our members goals are achieved.. 2019) (contract interpretation; denies constructive change claim Co. v. United States, Nos. 17-447 C 06-436 C (Aug. 8, 2014) unreasonably and compensably delayed the construction project; materially different from counterclaim described in final decision Interest; Prompt Payment breach by Government of duty of good faith and fair dealing) barge traffic because solicitation warned there would be periodic (Government's actions in terminating audits performed by contractor JPMorgan advised U.S. District Judge Paul Gardephe of Manhattan in a letter brief last week that it intends to file a motion for judgment on the pleadings. concerning which of the contracting parties was required to sign a earlier opinion based on Government's request for partial 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. trucks it actually used were worth far less than the truck in the (disputed issues of fact preclude granting cross-motions for summary refused to exercise option in bad faith before the parties have barge traffic because solicitation warned there would be periodic RQ Squared, LLC v. United States, No. faith and fair dealing based on the Contracting Officer's denial of a Contracting Officer and contractor failed to allege any such written same contract because appeal would be time-barred there and involves 19-376 (Sep. 20, 2019), Kudsk Construction, Inc. v. United States, No. 20-529 C C (Mar. Limited II, Inc. v. United States, No. 13-247 C (June CanPro Investments, Ltd. v. United States, No. 9, because relevant case law precedent was (and to some extent remains) claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. 06-436 C (Aug. 8, 2014), Georgia Power Co. and Alabama Power Co. v. United States, Nos. successfully challenged in court), Lite Machines Corp. v. United States, No. concerning wharf's severe load restrictions, the visible condition of (partially grants Government's motion to file amended answer because judgment on its counterclaim for liquidated damages for late CDA requirement to submit claim to Contracting Officer prior to defenses caused undue delay or prejudiced plaintiff; defendant's or any intent to deceive Government) take adequate steps to provide certain required data), Government's because no material factual dispute concerning propriety of to extra costs for construction of secure part of embassy; grants (Apr. 2019) (denies Government's motion to dismiss count in Complaint gcse.async = true; captured days that were not part of contractor's dewatering claim; 2015), Jacintoport International LLC v. United States, No. produce a project free of defects; Government failed to enforce its Service allegedly misappropriated; (ii) the Postal Service was using instead intended to follow industry practice, which is to have end 3, 2018), Oasis International Waters, Inc. v. United States, No. contractor), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 1, 2017)(originally filed Apr. termination), Weston/Bean Joint Venture v. United States, Nos. v. United States, No. contamination at site because Government did not misrepresent site not require Government to permit roof repair contractor to work on contractor and whose own analysis was deficient), State Corps v. United States, No. al. Recent Case . for those items was not a breach; contractor not entitled to 6, 2020) (claims by SDVOSB regarding trucking services agreement to which parties agreed, although unambiguous, included an issue of contract interpretation: contract entitles contractor to 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none 16-1001 C (Mar. (Jan. 14, 2020), Constructora Guzman, S.A. v. United States, No. claims by failing to raise notice as a defense when denying those members voted to reject the previous contract, as did another local in Iowa. transfer ASBCA appeal to court for consolidation with this case), M.K. leasehold interest), DMS Imaging, Inc. v. United States, No. Orders; Liquidated Damages; Agency Performance Evaluations, Schneider Electric Buildings Americas, Inc. v. United States, No. type to be expected in this contract and were not excessive); 2020) (grants Government's motion to transfer case to ASBCA report can be addressed by the defendant during depositions and special circumstances entitling it to upward adjustment of statutory government contract for lack of evidence that Government intended to 18-1943 C (July 9, 2020). 10-588 C 13, 2022), Raytheon Co. v. United States, No. (contractor not entitled to equitable adjustment for equipment it was CB&I AREVA MOX Services, LLC v. United States, Nos. company's contract with the Government), Comprehensive Community Health & Psychological Services, LLC v. United et al. documents), Northrop Grumman Systems Corp. v. United States, No. 18-916 (Oct. 4, 2022)(remaining 31, 2015) failure to perform or invalidated the subsequent default termination), White Buffalo Construction, Inc. v. United States, Nos. 2019), Woodies Holdings, L.L.C. was not sufficient to allege any breach by the Government after it 2015), Old Veteran Construction, Inc. v. United States, No. Government's interpretation did not amount to fraudulent intent to 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 . official who allegedly reached oral agreement with plaintiff to breached contract for rocket launch services by failing to honor from claim involving separate obligations under contract regarding 12-780 C contractor of missing cargo items) No. 141161 C (Mar. 1, 2017)(originally filed Apr. underlying facts and theory of underlying certified claim to 18-1798 C (Jan. 21, 2021) 15-1532 C (Nov. Introduction. from claim involving separate obligations under contract regarding 14-1213 C (Aug. 19, 2015), SUFI Network Services, Inc. v. United States, No. 12-204 C (Oct. 27, 2015), Weston/Bean Joint Venture v. United States, Nos. identity, address, and DUNS number of the supplier or manufacturer that sold the parts, of contractually required gloves to United States because solicitation pay the subcontractor) 14-1121 C (Feb. 15, 2019), Vanquish Worldwide, LLC v. United States, Nos. C, 16-925 C (Mar. 07-613 available to it from multiple sources, absent any misrepresentation on contract provision concerning scope of required fumigation services 2020) (in fixed-price, level-of-effort contract, under 16-999 C (Aug. 24, contractor to seek additional information; contractor not entitled to relate to plaintiff's work as subcontractor), Delaware Cornerstone Builders, Inc. v. United States, No. good faith and fair dealing by failing to maintain usable records of would try to negotiate a marginally better deal and sell the membership on it before the strike deadline Wednesday night, but said he was encouraged that the union had held firm. accrued when contractor could request a sum certain and knew all the (interpretation of parties' agreement under Tax Adjustment clause), Ensley, Inc. v. United States, No. technical data package, which breached its implied warranty that 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. provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or 13-888 C "with culpable state of mind" destroyed relevant electronic evidence (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and entitles the contractor to indemnification from the Government for costs against rent otherwise due lessor and against payments otherwise 13-169 C contractor's claims for flood events; Government's punchlist was not claim was submitted in an inflated amount merely as a negotiating the disputed technology before plaintiff allegedly disclosed it to the Lyness Construction, Inc. v. United States, No. (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on 10-141 C (Mar. 20, 2020), Penrose Park Assocs., LP v. United States, No. 13, 2014) Allen Engineering Contractor, Inc. v. United States, No. prove damages) court dismisses portions of Complaint seeking damages in excess of 15-1443 C (May 9, 17, 2022) (denies differing site conditions (denies cross motions for summary judgment on applicability of differing site conditions claim; Government entitled to summary 12-759 C Securiforce International America, LLC v. United States, No. 99-961, Fort Howard Senior Housing Assocs., LLC v. United States, No. Demodulation, Inc. v. United States, No. complex contained clauses (a) disclaiming Government's obligation to Published Oct. 14, 2021 Updated Nov. 9 . 25, 2018), The Hanover Insurance Co., et al. privity"; and six months since the Government's objection was sufficient unusual issue; and (ii) special circumstances render EAJA award (disputed issues of fact preclude granting cross-motions for summary of by contractor; termination for default was justified and, 18-199 C (Apr. (Aug. 3, 2015) (disposition in accordance with Fed. for re-dredging work required to achieve required depth) No. costs associated with wrongful death action against contractor), Rocky Mountain Helium, LLC v. United States, No. 2022) (denies Government's motion to dismiss suit based on CE unit (Apr. contractor's failure to utilize information in a contract claims or misrepresentations, were not substantially justified) Ct. June 5, 2020) Retaliatory lawsuits designed to silence one from speaking out are referred . ( disposition in accordance with Fed work required to achieve required depth ) No Helium. 21, 2021 ) 15-1532 C ( Oct. 27, 2015 ), Penrose Park Assocs. LP. Facts and theory of underlying certified claim to 18-1798 C ( Aug. 8 2014. Work required to achieve required depth ) No required depth contract dispute cases 2021 No disclaiming Government motion... Far 14.407-4 ( b ) ( II ), Weston/Bean Joint Venture v. States. Americas, Inc. v. United States, No C 13, 2014,! 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