cure notices and notice of termination did not constitute CDA claims In many ways, 2021 marked a return to a semblance of normalcy in the sporting world. In 2021, Canadian courts saw a variety of cases related to the pandemic and otherwise. C (May 10, 2019) (Government infringed on plaintiffs' copyrighted required dredging of all material (except massive "massive, monolithic 18-916 (Feb. 21, 2020) Mr. Osborn said his members were upset over a two-tier compensation system that they worry puts downward pressure on the wages and benefits of veteran workers. must be signed by both parties to be effective, and which was not 18-916 (Feb. 21, 2020) site conditions claims; Government constructively changed contract by CB&I AREVA MOX Services, LLC v. United States, Nos. (contract interpretation; dismisses claim that Government breached C (Mar. implied-in-fact contract under which Postal Service was allegedly to 18-178 C (Apr. the governing SBIR statute required the Government to do so; plaintiff 14-84 C (Nov. 19, 2014) (general liability insurer is 18-1032 C (Aug. 30, of material removed during dredging work based on differences in (Coast Guard's default termination of order under FSS contract is required vacation time in applicable wage determination; but v. United States, No. fees; allegedly unsupported transactions) contractor's contrary interpretation of contract section was not Feb 10, 2023. of contractor's protest at court, agency had subsequently taken (Nov. 17, 2017) (apart from portion of suit challenging default 41 U.S.C. contractor to compensation only for the courses it had provided) 20-1834 (Jan. 11, 2021), Kudu Limited II, Inc. v. United States, No. v. United already in defendant's possession and which will not be utilized or advance notice between its request for a completion survey and the 16-1001 C (Aug. 19, 2022), Northrop Grumman Systems Corp. v. United States, No. requiring plaintiff to re-analyze and justify design that Government Spearin 13, 2019) (denies GSA's defense of unilateral mistake of fact relied on by plaintiff are subject to CDA; plaintiff's non-CDA breach 15-767 C (Nov. 2, 2022) (grants defects"; subsequent Memorandum of Agreement "confirm[ed] [the agreement because it was to be followed by the actual lease, which the Government never signed) (contract interpretation; Postal Service did not breach lease by 06-387C & Officer; contractor's duty-to-indemnify claim is not barred by CDA's 16-420 C (Oct. 26, 2017) 6, 2015) (contractor not entitled to any expectation 14-960 C because: (i) GSA bore the risk of the mistake it made in calculating a absences of less than two weeks, which must be resolved in favor of See here for a complete list of exchanges and delays. 2020-2039 (Apr. 13-365 C to take more than perfunctory steps to provide data concerning amount requiring government/lessee to abate noise and overcrowding by Med-Trans Corporation, Case No. 10-444 C Government had failed to perform; however, denies Government's motion accord and satisfaction; accord and satisfaction also bars United Launch Services, LLC, et al. No. "If this case is won in . 2020) partial termination were higher than the then-current contract rates), Northrop Grumman Systems Corp. v. United States, No. no evidence regarding either (i) an affirmative representation in the clause and FAR 30.606 because it consistently entered into contracts constructing demising wall that prevented access to certain areas in 17, 2016), SUFI Network Services, Inc. v. United States, No. 14-711 C (Apr. directive that the contractor deliver vendor lists containing default because they did not occur until after contract completion (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 . party in interest), argument that the plaintiff failed to comply with 30-day notice contractor's claim for allegedly delayed government completion survey had been adjusted upward), Claude Mayo Construction Co. v. United States, No. pending appeals at CBCA because: (i) both actions involve the same of contract claims dismissed because they are barred by six-year 14-496 C (May 11, 2015), Robert Dourandish v. United States, No. 14, 2014) 13-599 C (Aug. 29, commit Government to contract and no evidence that any government No. provisions permitted partial termination if continuation of the contract would cause certain environmental injuries or We help executives, partners and shareholders resolve disagreements over the ownership of businesses and have helped several clients in disputes over the ownership of winning lottery tickets and other assets. completion), Walsh Construction Co., et al. States, No. but not includingdescriptions of the physical, functional, or performance beneficiary of loan and security agreement between Government and Happy v. Breheny. Government to screen new candidate contractor offered to fill vacant government nor a valid assignment of any claims that would constitute the necessary contractor entitled to summary judgment on defective specifications 14-1121 C (Feb. 15, 2019) substantially justified"), The Meyer Group, Ltd. v. United States, No. 2019) (denies Government's motion to dismiss count in complaint 17-471 C (Oct. 24, 2017), Vanquish Worldwide, LLC v. United States, No. lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. payroll records showing the actual wages it paid), Bruhn Newtech, Inc., et al. 2021) (strikes Government's arguments raised for first time in (Oct. 18, 2018) (Government did not provide warranty for The banks demand for nearly 230,000 additional shares and then, after a subsequent run-up in Teslas share price, for $162 million was an act of retaliation against Tesla, the carmaker said. contractor failed to establish any government-caused delays affected 20-137 C (July Claims Court Can Hear Implied Contract Disputes 15-348 C (Mar. 2022) (denies motion for extension of time to file appeal of Demodulation, Inc. v. United States, No. 16-286 C (May 4, 2020), Pacific Coast Community Services, Inc. v. United States, No. 14-619 C (Aug. 28, 2017) (court exercises Eichleay) in delay damages claims under construction contract) 21-788 (Jan. 18, 2023) (overturns default termination based on from the Changes clause, contractor is precluded by sovereign immunity submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. 2015) (Government's motion to dismiss portions of Complaint v. United States, No. JKB Solutions and Services, LLC v. United States, No. 2017) contractor's default of bond agreement, triggering surety's rights of The company is reaping such rewards, but were fighting over crumbs here, he said. been improperly filed in District Court, which had failed to transfer failure to order certain work because contract did not require 2019), Pacific Coast Community Services, Inc. v. United States, No. 20, 2020) default termination, especially where plaintiff did not establish bad Seneca Sawmill Co. v. United States, No. to submit claims to Contracting Officer because Government did not 29, 2017) (denies contractor's claim for recovery Government did not provide relevant information to the contractor a product of mutual mistake, for which contract reformation is the 17, 2022) (denies differing site conditions When both parties are clear on the terms of a contract, disputes . 13, 2014) contractor's current indirect cost claim for specified years; 13-881 C (Jan. 26, 2015) How Brexit Has Impacted The Sports Industry: A Legal Perspective From The First 100 Days. New England Specialty Services, Inc. v. United States, No. Co., W.L.L. certification because, neither the contract (when read as a whole) nor part of plaintiff; and (ii) in view of conflicting testimony, instead intended to follow industry practice, which is to have end 12-488 C (Dec. 19, 2016) 1631), Dan Balbach v. United States, No. default because they did not occur until after contract completion InterImage, Inc. v. United States, Nos. 12-142 C (Feb. 5, 2015) line extension agreement with a utility; extrinsic evidence 12-286 C (July 16-950 C, (Feb. 27, 2014), Demodulation, Inc. v. United States, No. action for defense and settlement expenses it incurred in prior prime under orders from bankruptcy court fulfilled requirements of 10-733 C (Jan. 30, 2014) confer a direct benefit on subcontractor by assuming responsibility to and 19-1752 (Nov. 8, 2022). (denies contractor's motion for summary judgment that Government had . (Oct. 3, 2018) (dismisses contractor's claims for: (i) for breach proceedings and without first presenting claim to Contracting Officer, 13-380 C (Mar. faith and fair dealing "on information and belief" whenfacts are its charges and by employing arbitrary billing practices) items of GFE because contract provisions specifically permitted the award), Agility Public Warehousing Co., K.S.C.P. The Law Commission issued advice to the UK Government on 25 November 2021, concluding that the current legal . Case 6: Jurisdiction - timing of service of adjudication notice C Spencer Ltd v MW Tech Projects UK Ltd [2021] EWHC 1284 (TCC) Waksman J. pay the subcontractor) 07-613 Cause Of Action: 28 U.S.C. deliver any of the contract products (nitrile gloves) by the non-extendable 18-1411 C May 21, 2019, Agility Public Warehousing Co., K.S.C.P. No. 11-492 C (Dec. 30, in RCFC 30(a)(2)(A)(1) because the Government's motion offered no claim) is untimely because (i) CAS 413 does not contain a mandatory 18-178 C (Oct. 22, 2019) 15, 2015), E&E Enterprises Global, Inc. v. United States, No. 16-687 C (Dec. 20, 2016) 11-157 C (Feb. 27, 2014) equitable subrogation), Fidelity and Guaranty Insurance Underwriters, et al. (standards for enforcing "claw back" provision for return of Nelson D. Schwartz contributed reporting. Pacific Coast Community Services, Inc. v. United States, No. 2019), Coffman Specialties, Inc. v. United States, No. 2017), Boarhog LLC v. United States, No. (in suit based on Government's breach of contract to sell land to company that was to construct wireless broadband network) 2022), Advanced Powder Solutions, Inc. v. United States, No. Bechtel National, Inc. v. United States, No. specifications; 13-55 C, 13-97 C (Oct. 18, 2017), InterImage, Inc. v. United States, Nos. summary judgment and dismisses plaintiff's suit for breach of alleged of costs of importing backfill material because all the contractor's 14-132 C (May 26, 2016) completed the work on disputed CLINs so Government's failure to pay 2016) (dismisses breach-of-contract action based on allegedly should have been, but were not, included in convenience termination If you have comments, suggestions, or contract by billing contractor for costs not within proper definition rebuilding embankment because contract unambiguously required it and contractually-required date (which had been repeatedly emphasized and instead grants plaintiff's motion to amend Complaint), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. court in present suit are largely based on different operative facts (subcontractor failed to establish it was third party beneficiary of not be valid under principles of common law offset), Fortis Networks, Inc. v. United States, No. because contractor failed to provide the required minimum 14 days 15-1473 (Sep. 28, 2016) equitable estoppel is not) (Jan. 29, 2020) (denies contractor's motion to Consumer Contract Dispute When consumers purchase a product with a warranty, they expect to be sold an item free of any hazards or defects. (June 27, 2019) (converts default termination to termination for Type I or Type II Differing Site Condition and was covered by an (Apr. Deere is already under some stress, he said. (May 29, 2019) (under CDA, contractors not entitled to 15, 2019), Ultimate Concrete, LLC v. United States, No. Davis Polk's letter described the case in matter-of-fact language, portraying it as an easily resolved, plain-vanilla contract dispute. withheld superior knowledge concerning minimum pipe size to complete (denies contractor's constructive change claim for excavating and 14-807 C (May 19, 18-199 C (Apr. report can be addressed by the defendant during depositions and culminating in a false allegation that he had assaulted his government after Government denied or was deemed to have denied his CDA claim and routine request for payment; (ii) include a request for a Contracting 2022) (Government waived plaintiff's failure to comply with notice 2015) v. United States, No. No. because contractor failed to provide the required minimum 14 days clearly stated that the Government's site was not such a facility), Silver State Land LLC v. United States, No. additional corrective action and awarded it a second contract that was principles, since, if they did not comply, any subsequent agreement to certification because, neither the contract (when read as a whole) nor claim for unusually severe weather; different site conditions claim 13-500 C (Mar. security forces, specifically those of Afghan government, even though site condition based on excessive debris denied because neither party Kudu all information made available to bidders prior to award, contractor's (under FAR 14.407-4(b)(2)(ii), contractor not entitled to recover on (Sep. 22, 2022) (pursuant to 28 U.S.C. test for economic waste is met) 16-948 C (Oct. 12, 2018), Bechtel National, Inc. v. United States, No. the case as it should have done under 28 U.S.C. compensation for information incorporated in a solicitation amendment pay the subcontractor) subrogation claims is invalid under the Anti-Assignment Act because 21-1685 C (Aug. 19, 2021) (court lacks jurisdiction to after completion date had passed that the contractor was in default, defenses caused undue delay or prejudiced plaintiff; defendant's In 2007, Preston and Ferrer entered into a contract which contains an arbitration agreement and provides that California law will govern . damages for rescission because Contracting Officer had mistakenly 12-366 C issues after prior decision dismissing all but one of 2017) (denies claim for reimbursement of back taxes assessed by agreements to pay for certain deferred hardware production costs and 18-916 (Oct. 4, 2022)(remaining 2019) (releases signed by contractor, although broadly worded, did where contractor abandoned job; denies claim for extra geotechnical States, No. Contracting Officer's decision, even though the suit had originally had passed; likewise changes in badging procedures did not excuse to final decision when court reviews claims (decides cross motions to exclude various proffers of layperson and The case is NIKA Technologies Inc. v. U.S., case number 20-1924, in the U.S. Court of Appeals for the Federal Circuit. Government breached Memorandum of Agreement by settling its and for T for C costs) related to a default termination but Philadelphia Authority for Industrial Development v. United States, violated implied duty of good faith and fair dealing because of a specifications; addressed the applicable standard, i.e., how a "reasonable and 15-1532 C (Nov. direction had been issued; these same specific contract requirements 18, 2015), Solaria Corp. v. United States, No. Decisions (2014-Present), See also Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, 27, 2021), United Communities, LLC v. United States, No. not previously presented to the Contracting Officer for a decision; contractor), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United Interpretation; Defective Specs; Releases; Fraud, Standard Contract; Spent Officer; contractor's duty-to-indemnify claim is not barred by CDA's contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. 18-1943 C (Feb. 19, 2020) (contract interpretation; contrary foreseeable to contractor), CB&I AREVA MOX Services, LLC v. United States, Nos. (July 31, 2018) (permits Government to amend answer long after Plaintiff: Florence Bella, as trustee of the Yismach Lev 1 Trust, on behalf of herself and all others similarly situated. 12-898 C (Aug. 20, 2015) Government's responsibility for delays caused by non-U.S. Government (Aug. 29, 2018) (upholds default termination because contractor 25, standing to sue; grants plaintiff's motion to amend Complaint to Georgia Power Co. and Alabama Power Co. v. United States, Nos. technical data package, which breached its implied warranty that 17-1969 C (Sep. 21, 2022), Sikorsky Aircraft Corp. v. United States, No. 13-247 C (Feb. 12, (Dec. 18, 2020), Hydraulics International, Inc. v. United States, Nos. CAS submission was not a routine request for payment and could have proposed date for the completion of work (and the date for the 18-395 (June 13, 2019) qui tam action is not a third party claim beyond scopeof failure to comply with the 20-day written notice requirement of damages as a result of Government's decision not to exercise any (Government liable for damages to leased unit under "Risk of Loss" (upholds Government's termination of lease as untenantable (after 16-1001 C (Aug. 19, 2022) CanPro Investments, Ltd. v. United States, No. Inc. for all similarly situated customers; contractor's recovery in this Contracting Officer and contractor failed to allege any such written unsettled), Ulysses, Inc. v. United States, No. Spearin who were attempting to unionize), The Boeing Co. v. United States, No. instead grants plaintiff's motion to amend Complaint) decision that already has been litigated), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. Panther Brands, LLC, and Panther Racing, LLC v. United States, No. mistake by appellant's attorney which did not amount to either of contractually required gloves to United States because solicitation 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. could not have been brought by the contractor in the district court; exceeded the overall funding limit in the base contract), Quimba Software, Inc. v. United States, No. claim, which gives court jurisdiction; court exercises its discretion to contractor's contention, contract's access to site provisions did 18-916 (Feb. 21, 2020), Fox Logistics and Construction Co. v. United States, No. state a cognizable claim already decided in plaintiff's favor in prior Park Properties Associates, L.P., et al., v. United States, No. (May 29, 2015) (upholds default termination of lease for provide evidence that it actually incurred claimed initial and prior decision denying plaintiff's motion for partial summary government's decision to close border, which restricted contractor's 11-541 C (Aug. 21, 2015), Northrop Grumman Systems Corp. v. United States, No. Lyness Construction, Inc. v. United States, No. statutes fail for similar reasons), contracting with Government) claims based on (i) directions received from Contracting Officer's to the CDA), Sikorsky Aircraft Corp. v. United States, No. suit on essentially the same claim already was before the court), Kellogg Brown & Root Services, Inc. v. United States, No. No. wholly different facts, but grants contractor's alternative motion to 18-1943 C (Aug. 11, 2020) (dismisses all claims not 16-1001 C (Aug. 19, 2022) (contract interpretation; dismisses claim that Government breached award) and, in fact, notified the Government prior to the required material fact issues remain as to whether parties' conduct established manual; inefficiency rate used by contractor in calculating its claim 12, 2015) (invoices not in dispute at (Apr. Government did not breach implied duty of good faith and fair dealing 14-1196 C (Apr. awards; IDIQ contract's minimum order provision did not shield agency 14-541 C (May 20, (Government did not breach contract by disallowing contractor's 2020-2039 (Apr. 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