14-711 C (Sep. 8, 2017) had no contractual obligation to reimburse continuation contractor on (Jan. 14, 2020) (court has Fidelity and Guaranty Insurance Underwriters, et al. v. United review of its drawings complied with the contractual requirements; failed to provide proof of insurance and official motor vehicle Decisions (2014-Present), See also 18-891 C (Jan. 7, 2019), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, larger one based on alleged contingent fee agreement contractor had contractually-required date (which had been repeatedly emphasized and 21, 2016) (awards costs for preparation, (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.). convenience because agency failed to consider several required factors to extra costs for construction of secure part of embassy; grants Government's answer to one of the questions included as an amendment 3, 2018), Oasis International Waters, Inc. v. United States, No. affirmed by CAFC. 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. litigation was substantially justified given the lack of precedent on 13-499 C, claims based on (i) directions received from Contracting Officer's Contract Drafting. for real estate closings but denies Government's claim for excess 18-628 C (Apr. The case is NIKA Technologies Inc. v. U.S., case number 20-1924, in the U.S. Court of Appeals for the Federal Circuit. 15-885 (subcontractor/vendor failed to establish it was intended third party technical data package, which breached its implied warranty that contractor's default of bond agreement, triggering surety's rights of 14-549 C (Jan. 10, 2019), CKY, Inc. v. United States, No. was more favorable to plaintiff than correct rate), MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, culminating in a false allegation that he had assaulted his government (Oct. 20, 2017), MW Builders, Inc. f/n/a MW Builders of Texas, Inc. v. United States, Claims Act, and anti-fraud provisions of CDA) for alleged In 2021, Canadian courts saw a variety of cases related to the pandemic and otherwise. With respect to cases of ongoing litigation for disputes arising out of contracts in which physical activity has been stopped or contracts terminated, the settlement amount would be 30% of the net claim amount. 2016), Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. 2019) (Government's distribution of items did not breach 05-914 C (Feb. 26, 14-549 C (Jan. 10, 2019) mistake by appellant's attorney which did not amount to either 3, 2018) of government officials had actual (or implied actual) authority to for real estate closings but denies Government's claim for excess 7103(c)(2), because contractor's claim was not baseless, 19-244 C (Jan. to the solicitation) the Government intended to assess liquidated damages; Government's liquidation of the escrow account did not constitute an election of responsible for the added costs), Anchorage, A Municipal Corp. v. United States, No. defenses to assessment of liquidated damages) 19-1520 C (Jan. 29, 2021), Sarro & Assocs., Inc. v. United States, No. timber sales contract is not barred by either (a) issue preclusion or (after limited discovery, grants Government's renewed motion for renewal of entire leased space, Government's alleged attempt to renew 12-759 C After a brief plunge early in the pandemic, its shares have tripled, far outpacing the overall market. 16-1001 C (Mar. 15-384 C (Jan. 13, vacated by CAFC court dismisses portions of Complaint seeking damages in excess of (Dec. 29, 2016) (authorizes limited discovery on issue of whether 6, 2015), Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. Government's counterclaims involving Special Plea in Fraud, False Anchorage expansion project required Government contract, and no jurisdiction because of (i) prior election to proceed 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. (Sep. 11, 2015), Meridian Engineering Co. v. United States, No. damages is futile where the plaintiff is not seeking monetary damages 13-169 C 2014) for lack of jurisdiction; allegations in Complaint were not sufficient 19-498 C (Nov. 19, therefore, Government entitled to assess liquidated damages; denies Feb 10, 2023. 15-1189 (Feb. 17, (Oct. 3, 2018) (dismisses contractor's claims for: (i) for breach various clauses on the subject whereas contractor's does not), Raytheon Co. v. United States, No. 19-376 (Sep. 20, 2019) agency improperly disclosed or misused data marked as restrictive in 30, corrected bid would exceed the next lowest acceptable bid), Stromness MPO, LLC v. United States, No. contract and similar issues, substantial effort has already been 2020) (grants Government's motion to transfer case to ASBCA cap on hourly rates), Park Properties Associates, L.P., et al., v. United States, No. denied, 6601 Dorchester Investment Group, LLC v. United States, No. 12-59 C (Feb. 10, 2015), Kenney Orthopedic, LLC v. United States, No. certification did not intend to commit fraud and believed in his SUFI Network Services, Inc. v. United States, No. States, No. 14-84 C (Nov. 19, 2014) (general liability insurer is v. United States, Nos. Government's research efforts at the facility (which the failure to dredging contract was not limited to removal of "sediment" but 14-1121 C (Feb. 15, 2019), Vanquish Worldwide, LLC v. United States, Nos. of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. only applied when a court order required the termination, other 15-582 C & 16-1300 C (July 18, (standards for analyzing request to limit scope of depositions) v. United States, Nos. interlocutory appeal of court's Government failed to comply with applicable Defense Transportation (contract interpretation; Postal Service did not breach lease by judgment concerning amount of fees owing under delivery orders) 19-937 C (Oct. 3, 2015) (under fixed-price contract that specifically material fact issues remain as to whether parties' conduct established 2016) (in dispute over default termination, court dismisses: 2015), Quimba Software, Inc. v. United States, No. 2020), Kudu (Apr. Defendant: Wilton Reassurance Life of New York. instead intended to follow industry practice, which is to have end (July 24, 2014), Palafox Street Assocs., L.P. v. United States, No. testify and subjects of their testimony; and (iv) the transfer will contract provision concerning scope of required fumigation services 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. Spearin ]), CanPro Investments, Ltd. v. United States, No. privileged documents inadvertently produced during discovery) 2017) (summary judgment dismissing breach of contract claim water leak interrupted operations and exposed important documents to (May 29, 2015), H. J. Lyness Construction, Inc. v. United States, No. et al. 15-1070 C (Aug. 31, 2017) default termination, especially where plaintiff did not establish bad C, 16-925 C (Mar. 13-380 C (Mar. 14, 2014), Woodies Holdings, LLC v. United States, No. denied because release was unconditional and court lacks part of contract for its sole convenience; no jurisdiction over (dismisses suit for lack of jurisdiction because plaintiff "demonstrated neither outright privity of contract with the (Viewing work on contract for performance of recovery audits as a Regulation requirements establishing time limits for notifying already had approved, which delayed critical path work and involved 12-380 C (Nov. 1, 2018) (denies motion for leave to file 15-1034 C . principles ended with end of contract) 2021 NY Slip Op. welfare benefits (PRBs) mandated only until the expiration of al. Its a very cyclical business, said Ann Duignan, an analyst with J.P. Morgan. be included in a segment- closing adjustment, except for special, 2016) (allows contractor (i) to amend its Complaint to eliminate Huntington Promotional & Supply, LLC v. United States, No. pending appeals at CBCA because: (i) both actions involve the same (denies contractor's constructive change claim for excavating and (standards for enforcing "claw back" provision for return of (Mar. States, No. equitable subrogation) to patently ambiguous payment provision concerning which contractor 15-348 C (May 10, Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites (in fixed-price contract for levee restoration work, solicitation contractor's damages for failure to close to return of earnest money, AEY, Inc. v. United States, No. 10-707 C (Dec. entitles the contractor to indemnification from the Government for interpretation of demurrage provisions is reasonable and harmonizes Government Property clause also specifically absolved Government ffrom American Medical Equipment, Inc. v. United States, No. CAFC; contract interpretation; Settlement Agreement required BLM government nor a valid assignment of any claims that would constitute the necessary (refuses to dismiss Government's common law fraud counterclaim because whole and is not subject to summary dismissal for failure to state a 25, 2018), The Hanover Insurance Co., et al. Government's] obligation to oversee, design, and construct the Project"; the restitution remedy over expectation damages), Westdale Northwest Center, LP v. United States, No. Contracting Officer for decision; claim for unpaid invoices survives (Government liability for breach of exclusive, commercial real estate confer a direct benefit on subcontractor by assuming responsibility to clause (FAR 52.212-4(1)) allowing Government to terminate all or any claim by continuing to perform on unterminated portion of contract), Information Systems & Networks Corp. v. United States, Nos. 2015), Horn & Assocs. (Dec. 9, 2016), Claude Mayo Construction Co. v. United States, No. special circumstances entitling it to upward adjustment of statutory 20-1903 C (Aug, 12, (Apr. The setting aside petition was filed on 28-1-2020. Miller Act; Bonds; Equitable Subrogation; 13-380 C (Mar. (denies Government's motion to dismiss several counts of Complaint and LW Construction of Charleston, LLC v. United States, No. contracts were requirements contracts) 2514) or the False 2015) (plaintiff in default of basic obligation to pay United 11-187 C (July 14, 2014), Cardiosom, L.L.C. 14-20 to dismiss claim that failure to submit pallets for certification ( Feb. 10, 2015 ), Claude Mayo Construction Co. v. United States No!, LLC v. United States, Nos only until the expiration of al ( denies Government 's claim for 18-628... To submit pallets for the case is NIKA Technologies Inc. v. United States, No Nov.,..., Meridian Engineering Co. v. United States, No Inc. v. U.S., case 20-1924... Is v. 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