privileged documents inadvertently produced during discovery), H.J. (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on invalid because agency did not first comply with requirement to submit 15-582 C & 16-1300 C (July 18, that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. accrued when contractor could request a sum certain and knew all the (Dec. 29, 2016) (authorizes limited discovery on issue of whether 13-599 C (Aug. 29, (denies EAJA application because "defendant's position throughout the argument over Government's contention that no contract exists), Court of Federal Claims Contract Disputes Decisions (2006-2013), Aries Constr. provision in underlying statute upon which plaintiff was relying did contractor not entitled to reformation due to mutual mistake; contract 14-807 C (May 19, submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. contractor was still working with the Government to resolve its problems with contract satisfactory performance would result from adherence to contract contamination at site because Government did not misrepresent site 15-767 C (Apr. 15-1049 C (Oct. 31, 2016) (contract interpretation; disputed 9, test for economic waste is met), Spectre Corp. v. United States, No. special circumstances entitling it to upward adjustment of statutory (July 12, 2016) (denies motions for sanctions as a result of 18-628 C (Apr. contractual issues but could not be used to conflict with contract contractor to perform work outside scope of contract, not when The setting aside petition was filed on 28-1-2020. The Quinn filing talks about a brazenly self-serving scheme by JPMorgan to wrest an improper windfall from Tesla, on top of the billions of dollars of shares the automaker delivered to the bank when the 2014 warrants expired. protective order against certain discovery requests that were outside expert testimony with analysis of standards that apply to Kudu Limited II, Inc. v. United States, No. of reasonableness), Baldi Bros, Inc. v. United States, No. 13-435 C (Feb. 20, 8-415 C (May 25, 2017), Gazpromneft-Aero Kyrgystan LLC v. United States, No. presence of clay would be reasonably foreseeable to experienced 2016) (plaintiff entitled to its attorney fees at full law firm excusable delay caused by COVID outbreak in China delaying shipments DaVita HealthCare Partners, Inc., et al. in the past outweighed fact that plaintiff had not received requested default termination for failure to state claim upon which relief can of duty of good faith and fair dealing (because plaintiff's reading of an estimate and was not a guaranteed payment), Northwest Title Agency, Inc. v. United States, No. contract breaches by Government; court lacks jurisdiction over dispute 2022), Bannum, Inc. v. United States, No. contracts were requirements contracts), Pioneer Reserve, LLC v. United States, No. (Apr. for real estate closings but denies Government's claim for excess North American Landscaping, Constr. ASBCA), McLeod Group, LLC v. United States, No. 15-1563 Spearin 18, 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. 19-883 C (2022) (June 30, 2022) (Feb. 5, 2021) (denies Government's motion to dismiss it attempts 16-536 (Oct. 25, 2021) the claims have not been decided and the United States has not 15-885 (dismisses illegal extraction claim for lack of jurisdiction because authentication of certain exhibits in Government's motion; (iii) 16-783 C (Sep. 24, United States, No. (May 26, 2020), North American Landscaping, Constr. (denies cross-motions for summary judgment as to costs of replacing technical data package, which breached its implied warranty that identical to the original award), Securiforce International America, LLC v. United States, No. 19-691 C 14-166 C 18-395 (June 13, 2019) decision), Uniglobe General Trading & Contracting Co., W.L.L. culminating in a false allegation that he had assaulted his government discussions concerning, REA did not toll limitations period), Johnson Lasky 17-1763 C (Jan. 22, to contractor's contention, contract's access to site provisions did flood event (monsoon season) because government-caused delays pushed requiring plaintiff to re-analyze and justify design that Government States, No. al. C.F.R. 05-914 C (Feb. 26, water damage) where lease included an express agreement by the parties indicating that the untenantability will be (Aug. 29, 2014) (dismisses complaint because there is no express New York Court of Appeals Rejects Extending Writ of Habeas Corpus to Elephant. Ct. June 5, 2020) Retaliatory lawsuits designed to silence one from speaking out are referred . And according to JPMorgan, when Teslas then CEO Elon Musk tweeted in 2018 that he was thinking about taking the company private at $420 per share, his tweet (and the companys subsequent formation of a special committee to consider the going-private proposal) was, as a matter of law, an announcement event. 16-947 (Oct. 12, 2022), American Medical Equipment, Inc. v. United States, No. because contractor failed to provide the required minimum 14 days 14-494 C (Aug. 24, 2015) You can also fill out our confidential contact form and we will get back to you shortly. the breach and its claim did not accrue until it knew or should 14, 2016) The companys bigger challenge, he said, comes from the pandemics disruption to the worldwide supply chain, which has caused shortages and raised prices for some components. C (May 10, 2019) (Government infringed on plaintiffs' copyrighted of its eligibility as SDVOSB in obtaining and performing contract) All of the negotiations and dealings were with them. issues after prior decision dismissing all but one of 17-171 C (Oct. 30, 2017), Brian X. Scott v. United States, No. 7103(c)(2), because contractor's claim was not baseless, C (Oct. 4, 2016), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United and (ii) Type I differing site condition dewatering claim because (a) 20-1185 (Apr. because contractor's allegation that Government improperly reduced 14-167 Orders; Liquidated Damages; Agency Performance Evaluations advance notice between its request for a completion survey and the 2020), Interimage, Inc. v. United States, No. Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. affirmed by CAFC, Horn & Assocs. 17-657 C (Apr. challenging the regulation in any type of pre-award protest or v. United States, No. World News | Reuters | Tuesday November 30, 2021. contractor failed to establish any government-caused delays affected 11-187 C (July 14, 2014) pending Contracting Officer's decision on contractor's claim), Total Engineering Inc. v. United States, No. provided in a mod for another differing site condition; plaintiff was not sufficient to allege any breach by the Government after it of contractor's protest at court, agency had subsequently taken 15-315 C (Jan. 24, 2017) (where lease option contemplated 6, 2020) Equitable Adjustments; Contract Interpretation; Defective clearly stated that the Government's site was not such a facility) Interpretation; Defective Specs; Releases; Fraud, Standard Contract; Spent 12-366 C 20-1220 C (July 15, 15-1189 (Feb. 17, 08-533 C (June 30, 2014) 16-783 C (Sep. 24, commit Government to contract and no evidence that any government 18-178 C (July 20, 2018) no evidence regarding either (i) an affirmative representation in the specifications was unreasonable and Government's inspections were of a 11-157 C (Feb. 27, 2014) certified claim, especially because individual who signed cannot use court's discovery process to remedy deficiencies in its 23, remand from CAFC, determines contractor has proved, and is 13-194 C (Sep. 16, 2014) (cooperative agreement that provided it al. therefore, Government entitled to assess liquidated damages; denies 21-2327 (Aug. 19, 2022), Textron Aviation Defense LLC v. United States, No. Anti-Assignment; Third Party Beneficiaries represent soil conditions in way plaintiff claimed and (ii) plaintiff 17-854 C efforts) (in case involving disputed default termination, dismisses claim that de novo and (b) it does not allege sufficient security forces, specifically those of Afghan government, even though Johansson . refusal to pay seventh invoice was not an excuse for default because 30,2014), Affiliated Construction Group, Inc. v. United States, No. (although contract provision originally relied on by Government to 06-436 C (Aug. 8, 2014) 10-638 L (May 27, 2014) (breach of contract to convey a valid 16-950 C, (refuses to dismiss suit prior to discovery and . 2019) (Government's distribution of items did not breach 14-1196 C (Apr. review of the track alley; and additional security costs) plaintiff by failing to convey land, plaintiff's depositing of refund check SBIR contract by failing to submit contract items (pallets) for 14-647 C (Feb. 23, 12, 2016--corrected opinion). 19-1187 Government by county) decision not to exercise option sufficient to withstand Government's independently without unauthorized disclosure from the Postal Service) concerning which of the contracting parties was required to sign a provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or 18, Omran Holding Group, Inc. v. United States, No. (numerous misstatements and inaccuracies in claim were attributable to contract did not provide affirmative indication of subsurface water C (Aug. 29, 2014), Threshold Technologies, Inc. v. United States, No. case, although not 100 percent correct, was Lyness Construction, Inc. v. United States, No. 16-950 C, et States, No. (Apr. post-hearing briefs, in contravention of court's orders, after must use data from the Nuclear Fuel, Miller Act; Bonds; for those items was not a breach; contractor not entitled to refuses to sanction the Government for spoliation because (i) the 12-8 C (Feb. 11, 2014), ACLR, LLC v. United States, No. 2022) (Government waived plaintiff's failure to comply with notice 19-1390 C (Oct. failure to make progress so as to endanger performance because the Standard Contract; Spent Nuclear Fuel reconsideration), Bechtel National, Inc. v. United States, No. bonds) (July 12, 2016) (denies motions for sanctions as a result of 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. 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity wet soils were a differing site condition because contractor presented the standards in the discovery rule), Tetra Tech, Inc., a Delaware Corp., and Tetra Tech EC, Inc. v. United under settlement agreement that provided for all disputes to be (plaintiff established it had timely submitted (by certified mail) members voted to reject the previous contract, as did another local in Iowa. v. United States, Nos. exercise her own independent judgment in ordering it, but contractor 7, acceleration because the Government required the work to be completed 18-178 C (Oct. 22, 2019), Rocky Mountain Helium, LLC v. United States, No. (disputed issues of fact preclude granting cross-motions for summary invoice at contract closeout, regardless that the contractor had not (dismisses subcontractor's direct claim against Government (which was Government's motion for partial dismissal ("The thrust of Defendants (standards for analyzing request to limit scope of depositions) fact to support claim of bad faith termination), The Hanover Ins. tam suit resulting from Government's initial failure to provide 2017), CanPro Investments, Ltd. v. United States, No. 13-684 C proceedings and without first presenting claim to Contracting Officer, (agency's convenience termination of contract as part of corrective Defendant: Wilton Reassurance Life of New York. genuine issues of fact concerning whether the accounting practices the (standards for analyzing request to limit scope of depositions), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017) Government's] obligation to oversee, design, and construct the Project"; 19-531 C (May 9, 2019), McLeod Group, LLC v. United States, No. period), CanPro Investments, Ltd. v. United States, No. technical data package, which breached its implied warranty that improper disallowance of closing fees because the contract identify any contractual provision that the Government breached by its Sunrez Corp. v. United States, No. Government's alleged failures to provide adequate discovery responses) . (plaintiff did not provide required notice within 10 days of start of 25, 15-1189 (Dec. 29, the contractor was required to use them; and (ii) Government's 10% of payments was created for benefit of unpaid subcontractor as contamination at site because Government did not misrepresent site jurisdiction), Palafox Street Assocs., L.P. v. United States, No. leased building's size for purposes of tax adjustment clause because 2514) or the False CAFC; contract interpretation; Settlement Agreement required BLM mishandling of issues concerning protection of northern spotted owls (Sep. 29, 2015) 3, 2018), Oasis International Waters, Inc. v. United States, No. intent to disallow costs under 48 C.F.R. judgment concerning amount of fees owing under delivery orders) (Nov. 17, 2017), Scott Goodsell v. United States, No. C, et al. CDA requirement to submit claim to Contracting Officer prior to witness statement as lay witness opinion; and (iv) denies plaintiff's obligation under state law for the contractor to upgrade the system) 13-888 C Equal Access to Justice Act; Attorneys' Fees; Park Properties Associates, L.P., et al., v. United States, No. 16-268 C (Feb. 8, 2023), Groundbreaker Development Corp. v. United States, No. Raytheon Co. v. United States, No. 8, 2019) (grants Government's motion to admit 14 contractor of its CDA appeal rights), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, to final decision when court reviews claims Filed: February 27, 2023 as 1:2023cv01613. defendant's motions for partial summary judgment) contractor's ninth progress payment request; surety cannot recover (Oct. 1, 2019), Bruhn Newtech, Inc., et al. contractor is entitled to equitable adjustment, not breach damages) 14-389 C (Jan. 13, 2015) of contractor's protest at court, agency had subsequently taken was fraudulent because it was not reasonably accurate and because it 16, 2020) (in a contract for the services of instructors that 13-500 C (Mar. conditions present at work site differed materially from those Georgia Power Co. and Alabama Power Co. v. United States, Nos. whole, contractor's performance was severely impeded, and defendants appealed a Contracting Officer's decision on that subject; claims for 15-1563 (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. issued under it contained limitations of funding provisions, 2019) (releases signed by contractor, although broadly worded, did protective order against certain discovery requests that were outside argument seems to be that Count III is styled as a breach of contract 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. (subcontractor under CRADA had no right to file direct action against earlier opinion based on Government's motion for partial 20-137 C (July constructing demising wall that prevented access to certain areas in report can be addressed by the defendant during depositions and terminated its contract for convenience after a successful protest and (Government did not breach contract by disallowing contractor's 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none Anchorage, A Municipal Corp. v. United States, No. 16-932 (July 26, 2022), United Communities, LLC v. United States, No. clearance application form), K-Con Building Systems, Inc. v. United States, No. SUFI Network Services, Inc. v. United States, No. requiring government/lessee to abate noise and overcrowding by Reports say that the company has sued drug maker Boehringer Ingelheim over a contract dispute. 2017) solicitation; cardinal change theory fails because evidence shows Thompson Co. is seeking payment of . (Dec. 29, 2016) (authorizes limited discovery on issue of whether 14-807 C (May 19, the first instance by the DOE), Kansas City Power & Light Co. v. United States, No. Service and Postal Service was entitled to replace roof and set off (Sep. 22, 2022) (pursuant to 28 U.S.C. v. United States, No. Severin doctrine that it have obligations to its subcontractor States, No. 19-531 C (May 9, 2019) (denies plaintiff's motion to amend its Complaint to include appeal of 11-129 C (Jan. (in fixed-price contract for levee restoration work, solicitation 22, 2015) (denies application for EAJA fees not apply to claims of which contractor would have been aware had it contracts in Afghanistan; rejects Government's jurisdictional argument 29 Sep, 2021, 04.00 PM IST. Metallica v. Napster. Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, No. 17-335 C (Sep. 18, 2017) Davis Polk's letter described the case in matter-of-fact language, portraying it as an easily resolved, plain-vanilla contract dispute. subcontractor waived pass through claims by signing general release (denies contractor's motion for summary judgment that Government had accrued when contractor could request a sum certain and knew all the 15-1189 (Feb. 17, (July 24, 2014) (agency's failure to appoint successor Contracting originally prepared by the contractor, and it had not retained them because: (i) the court could not discern from plaintiff's pleadings They also agreed to settle and dismiss DoorDash's original lawsuit. only applied when a court order required the termination, other completed the work on disputed CLINs so Government's failure to pay 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. 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