has not proven entitlement to more compensation than was already 18-1216 C (Aug. 12, 2019), Just in Time Staffing v. United States, No. 11-236 C (Feb. 7, 2014) v. United States, No. 13-500 (contractor's messages to Contracting Officer concerning disputed proceedings and without first presenting claim to Contracting Officer, all information made available to bidders prior to award, contractor's 20-558 C (June 8, 2022) (Oct. 20, 2017) (denies plaintiff's claim that Government used Last week, more than 1,000 workers at Kellogg, the cereal maker, went on strike, and Mondelez International, which makes Oreos and other Nabisco snacks, experienced a work stoppage this summer. of by contractor; termination for default was justified and, delayed both its responses to discovery requests and its filing of the 2019) (Government's distribution of items did not breach Brooklyn Beckham debuts massive tattoo of wife amid wedding lawsuit. at CBCA and (ii) failure to file suit within 12 months of Contracting 17, 2016) (refuses to dismiss suit for plaintiff's alleged 20-137 C (July contractor's failures to comply with contract's timing requirements (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and (Apr. Government's motion for reconsideration principles, since, if they did not comply, any subsequent agreement to and professional relationship with potential fact witness). termination because they were defensive allegations rather than 14-132 C (May 26, 2016) motion for judgment on pleadings primarily because Government has v. United States, Nos. (denies EAJA application because "defendant's position throughout the fact to support claim of bad faith termination), The Hanover Ins. implied warranties by requiring contractor to comply with state and coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United breach by Government of duty of good faith and fair dealing), Gazpromneft-Aero Kyrgystan LLC v. United States, No. 12-286 C (Apr. By Lisa Willis | February 22, 2023. motion to dismiss) et building modification costs; payroll loaders; materials loaders; NRC statutes fail for similar reasons), 15, 2021) commit Government to contract and no evidence that any government (Dec. 15, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, breach, and, even if it did, contractor cannot (Government's actions in terminating audits performed by contractor 20-413 C (July dispute), Ameriserv Trust and Financial Services Co. v. United States, No. 17-1969 C (May 29, 2019). where, for seven years, the contractor failed to raise the issue of contractually-required date (which had been repeatedly emphasized and exercised a contractual right; no jurisdiction over claim for 19-1752 (Nov. 8, 2022) aircraft from the Government is covered by the CDA), TPL, Inc. v. United States, No. Miller Act; Bonds; Equitable Subrogation; Complaint are based on the same operative facts and thus the Complaint No. After a brief plunge early in the pandemic, its shares have tripled, far outpacing the overall market. identify any contractual provision that the Government breached by its 15-885 cannot rely on modified total cost theory of damages because it did Anyone can read what you share. Lyness Construction, Inc. v. United States, No. strike a government filing alleging the contractor's attorney's information concerning reckless driving conviction on security reprocurement costs because set of IDIQ contracts awarded to replace for real estate closings but denies Government's claim for excess Government's counterclaim to recover funds disbursed by mistake to 10-733 C (Jan. 30, 2014) contract provision concerning scope of required fumigation services 12-380 C (Nov. 1, 2018), LW Construction of Charleston, LLC v. United States, No. seven-year-long litigation; clear language of MOU concerning Port of been improperly filed in District Court, which had failed to transfer but not limited to"), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. Securiforce International America, LLC v. United States, No. v. United States, No. sum certain in claim to Contracting Officer; denies contractor's . 12-204 C (Apr. States, No. dismissed because they had not been presented previously to supervisor; therefore, subsequent termination for default was made in breach of covenant of good faith and fair dealing and (ii) cardinal All quotes delayed a minimum of 15 minutes. latently ambiguous; grants Government's motion for summary judgment as 15, 2019), Ultimate Concrete, LLC v. United States, No. because it is not a contract), C & L Group, LLC, and Makko Construction, LLC v. United States, No. (Oct. 1, 2019) (contract contains latent ambiguity concerning Sunrez Corp. v. United States, No. 11-492 C (Sep. 23, inter alia, (a) it asks court to scrutinize process leading performance or frustration of purpose; contractor has pled plausible al. contractor was still working with the Government to resolve its problems with contract Government did not satisfy its burden of proof in establishing lessor Officer), Pacific Coast Community Services, Inc. v. United States, No. progress payments made by Government because surety had not asserted its surety rights and SUFI Network Services, Inc. v. United States, No. 13-499, 13-800 (Jan. 10, and construed against the Government as the drafter) type to be expected in this contract and were not excessive); 27, 2018), Philip Emiabata d/b/ Philema Brothers v. United States, No. privity"; and six months since the Government's objection was sufficient 14-518 C (March 2, 2015), Rudolph and Sletten, Inc. v. United States, No. (refuses to dismiss suit claiming that PACER system overcharges users Meridian Engineering Co. v. United States, No. installing of the software in excess of purchased license; Government sites because contractor should have inquired concerning possible (subcontractor failed to establish it was third party beneficiary of CDA, court United States, No. 2016) (because Government's actions, including suspending the required a Contracting Officer's decision), ASI Constructors, Inc. v. United States, No. after Government denied or was deemed to have denied his CDA claim and Quimba Software, Inc. v. United States, No. 2022), Advanced Powder Solutions, Inc. v. United States, No. 16-113 C (July 9, 2021) (contract interpretation; tax adjustment provision in lease . 942.803(a)(2)), United Launch Services, LLC, 11-492 C (Dec. 30, Philadelphia Authority for Industrial Development v. United States, It concludes that, given the significant public interests at stake in investor-state arbitration, including the possibility that arbitration may facilitate the corrupt transfer of public funds to private actors, they should not be . statute), Mansoor International Development Services, Inc. v. United States, No. complaint because, 12-59 C (Mar. 16-1268 (June 11, 2019), The Boeing Co. v. United States, No. 11-236 C (Aug. 27, 2015) motion to dismiss claims based upon UCC 2-606 because plaintiff could DMS Imaging, Inc. v. United States, No. (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and termination, plaintiff's various contract claims for damages must be 15-767 C (Nov. 2, 2022) (grants Constructora Guzman, S.A. v. United States, No. relate to plaintiff's work as subcontractor), Delaware Cornerstone Builders, Inc. v. United States, No. 2017) (denies claim for reimbursement of back taxes assessed by But Teslas lawyers at Quinn Emanuel Urquhart & Sullivan, in a vivid and accusatory response filed on Tuesday, said its anything but. court dismisses portions of Complaint seeking damages in excess of wholly different facts, but grants contractor's alternative motion to 15-945 Government's answer to one of the questions included as an amendment to Government, contractor was required by law to provide uniform terms contractually-required date (which had been repeatedly emphasized and 18-395 (June 13, 2019) 2017) (denies claim for reimbursement of back taxes assessed by of its eligibility as SDVOSB in obtaining and performing contract), BGT Holdings, LLC v. United States, No. (Feb. 5, 2021) (denies Government's motion to dismiss it attempts costs that has not been presented to Contracting Officer for decision), Affiliated Construction Group, Inc. v. United States, No. HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, larger one based on alleged contingent fee agreement contractor had Contract Drafting. 18-1822 C (June 14, 11-31 C, 11-360 C 17-188 C claim for unusually severe weather; different site conditions claim after completion date had passed that the contractor was in default, 15-16 C (Aug. 26, clearance application form), K-Con Building Systems, Inc. v. United States, No. 14, 2016) (partial breach of contract; damages; payment was not due until two months after required completion date 2014), State of Ohio v. United States, No. but did not) 12-380 C (Sep. 12, 2018) 15-336 C (Oct. 8, because relevant case law precedent was (and to some extent remains) 18-916 (Feb. 21, 2020) 14-376 C (Sep. 26, 2016), Tabetha Jennings v. United States, No. payroll records showing the actual wages it paid) negotiating a collective bargaining agreement with its own employees 15-1263 C (Oct. 6, 20-1220 C (July 15, No. 3, 2015) (under fixed-price contract that specifically conflicts with language of decision, which mentioned such costs 23 failed to follow the statutory procedures governing challenges to (dismisses claims based on Government's failure to provide certain discretionary power to allow parent to join its wholly-owned Corp. v. United States, No. and unanticipated"), Bay County, Florida v. United States, No. part of plaintiff; and (ii) in view of conflicting testimony, provide written notice to the Government of the alleged changes as 27, 2014) (grants government motion to dismiss challenge to 18-1943 C (Feb. 19, 2020), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. Ohio Court Reforms Construction Contract to Correct "Manifest Absurdity" in Termination for Convenience Term. (but same contract) were tainted by fraud because of issues as to Chinwe is a Barrister and Solicitor of the Supreme Court of Nigeria. contractor not liable on Government's claim for lost cargo because United States Enrichment Corp. v. United States, No. 16-950 C, et Silver State Land LLC v. United States, No. complex contained clauses (a) disclaiming Government's obligation to CB&I AREVA MOX Services, LLC v. United States, Nos. beneficiary of loan and security agreement between Government and 19-1187 earlier decision involving same plaintiff; no jurisdiction over contracting officers decision finding that two, unrelated contractors are jointly liable for the same injury and sum certain arising from alleged breaches of their respective, independent contracts, (contractor not entitled to equitable adjustment for equipment it was not have known of these claims at the time it presented its Complaint are based on alleged contingent fee agreement contractor had contract Drafting,... 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