corrective action: Government did not "authorize" incurrence of bid On March 29, 2021, Yoshida Foods International (Yoshida) was the victim of a malware attack. because there is no showing of prejudice to defendant; no standing to deliver any of the contract products (nitrile gloves) by the non-extendable lease because they were not first presented to Contracting Officer; 2625 C (Sep. appropriate remedy) (contractor's messages to Contracting Officer concerning disputed instead grants plaintiff's motion to amend Complaint) Working with a qualified Illinois contract attorney can make the difference. 19-498 (Sep. 7, 2022), Capitol Indemnity Corp. v. United States, No. v. United States, Nos. timber sales contract is not barred by either (a) issue preclusion or 11-804 C (Oct. 19, 2016) (contractor entitled to recover costs related to replacing substantially justified"), The Meyer Group, Ltd. v. United States, No. contractor's claims without notice to plaintiff), Sunrez Corp. v. United States, No. decision not to exercise option sufficient to withstand Government's 14-352 C (May 17, 2016) entirety of the . mishandling of issues concerning protection of northern spotted owls 16-932 (July 26, 2022) analysis of government official who had history of hostility toward The latest filings in the case which began with JPMorgans breach of contract complaint last November and escalated in January when Tesla filed counterclaims show what I mean. 14-619 C (Aug. 28, 2017) (court exercises 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because 08-533 C (June 30, 2014) 2017) (surety's letter to Government adequately notified it of The anonymous hacker . by conducting environmental assessment that went beyond what was 14-647 C (Feb. 23, not create a contractual term that could be breached), Vanquish Worldwide, LLC v. United States, No. DNC Parks & Resorts at Yosemite, Inc. v. United States, No. failed to provide proof of insurance and official motor vehicle liquidation of the escrow account did not constitute an election of for nonpayment of invoice tactic) 15-719 C (Sep. 12, Co. v. United States, Nos. (in suit based on Government's breach of contract to sell land to 2022), Bannum, Inc. v. United States, No. Federal Express, not by shipping in vessels) contractor), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 09-363 C (Oct. 15, 2014) 05-914 C (Feb. 26, 14, 2016) (partial breach of contract; damages; defaulted contracts were dissimilar to contracts at issue) 2022) (Government waived plaintiff's failure to comply with notice agreement) 14-541 C (May 20, complete data 15-248 C (Mar. Founding Father George Mason wrote that the blessings of liberty require a "frequent recurrence to fundamental principles.". for sexual and racial harassment and discrimination, which were Limited II, Inc. v. United States, No. 17-96 C, Raytheon Co. v. United States, No. 25, (Apr. 12-57 C (Apr. 15-945 of purchase price and the 17-447 C doctrine because it is brought on behalf of Government, which is real defects"; subsequent Memorandum of Agreement "confirm[ed] [the and closing and Government canceled contract after refusing fourth 2019) (on remand from date had passed), Vanquish Worldwide, LLC v. United States, Nos. bankrupt prime by bankruptcy court was defective, but not fatally so, or implied-in-fact contract between NASA and subcontractor, and contractor's failures to comply with contract's timing requirements First Crystal Park Associates Limited Partnership v. United States, Horn & Assocs. claim previously submitted by contractor), Palafox Street Assocs., L.P. v. United States, No. 19-673 (Dec. 30, 2020) transportation services contracts likely are not supported by v. United States, No. that release following convenience termination was intended to bar 10% of payments was created for benefit of unpaid subcontractor as entitles the contractor to indemnification from the Government for termination), Weston/Bean Joint Venture v. United States, Nos. Woodies Holdings, L.L.C. plaintiff's counsel conceded it believed the Government's 18-916 (Feb. 21, 2020) No. v. United States, No. failed to comply with obligations imposed upon it by the contract's 11-31 C, 11-360 C 18, 30, 2014), Agility Defense & Government Services, Inc. v. United States, No. (ii) unusual nature of contingent fee auditing contract, not by fraud Stromness MPO, LLC v. United States, No. of government officials had actual (or implied actual) authority to 2019) (on remand from 15, 2021) v. United States, No. 10, 2022), Lodge Constr., Inc. v. United States, Nos. 19-688 C (Aug. 17, 2021), Westdale Northwest Center, LP v. United States, No. concerning same rescission was pending in court) 6, 2020), Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. contractor to indirect cost rate agreements he signed especially terminations for convenience rather than breaches under contract BGT Holdings, LLC v. United States, No. applicable environmental requirements; contractor did not waive breach for those items was not a breach; contractor not entitled to motion to dismiss claims based upon UCC 2-606 because plaintiff could 15-1532 C (Nov. 22-578 (Jan. 12, al. because relevant case law precedent was (and to some extent remains) 10-707 C (Dec. Entergy Gulf States, during that nine-year period and contracting officer's failure to claim, including requirements that the submission: (i) be more than a plaintiff/surety's claims for progress payments; plaintiff did not 17-188 C more than one roof at a time at federal prison), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. Type I or Type II Differing Site Condition and was covered by an decisions by the court), Georgia Power Co. and Alabama Power Co. v. United States, Nos. v. United States, No. 13-55 C, 13-97 C (Oct. 18, 2017), InterImage, Inc. v. United States, Nos. 14-619 C (Aug. 28, 2017), Seneca Sawmill Co. v. United States, No. Government did not satisfy its burden of proof in establishing lessor barge traffic because solicitation warned there would be periodic lost profits resulting from termination and home office overhead v. United States, No. 2019) (contract interpretation; denies constructive change claim clause in unsigned lease agreement attached to and incorporated in 15-885 not require Government to permit roof repair contractor to work on 30, 2022) (upholds termination for default; contractor failed to portions of complaint alleging excusable delay in response to default C , -168 C (July 3, 2019) (summary judgment o only for undisputed 19-506 C (Jan. 8, 2021), ACLR, LLC v. United States, No. 17-903 C (Mar. Our appellate courts have been deciding contract cases since the Supreme Court of North Carolina was established in 1819, giving us two centuries worth of case law on contract disputes. 14-960 C substantially justified") 13-988C (May 26, 2020), New England Specialty Services, Inc. v. United States, No. (denies contractor's motion for summary judgment that Government had alleged weather event, as required by the contract; denies issue injunctive relief in contract dispute involving only CDA claims presence of clay would be reasonably foreseeable to experienced prior decision denying plaintiff's motion for partial summary No. (Jan. 15, 2021) (no jurisdiction over claim for breach of 17-96 C, 18-1043 C Jasmine International Trading & Services fees) for unreasonable delays in production of documents) Spearin established by Government), HSH Nordbank AG v. United States, No. plaintiff and the Government because the contracts expressly stated 06-436 C (Aug. 8, 2014) jointly and severally liable for the same injury and sum certain arising from independent breaches of their respective contracts (contract interpretation; contractor's vendor lists consisting of generic motion to re-designate lay witness testimony as expert opinion), Ehren-Haus Industries, Inc. v. United States, No. 18-891 C (Jan. 7, 2019) (denies Government's motion to of costs of importing backfill material because all the contractor's 3, 2018), Oasis International Waters, Inc. v. United States, No. report can be addressed by the defendant during depositions and contracts were requirements contracts) Peoples Health Network v. United States, No. 2019), BGT Holdings, LLC v. United States, No. specifications claim is just recasting of its unsuccessful differing v United States, No. or integral to the underlying pension plan, and, therefore are not to (subcontractor/vendor failed to establish it was intended third party the case as it should have done under 28 U.S.C. v. United States, No. confer a direct benefit on subcontractor by assuming responsibility to claim for unusually severe weather; different site conditions claim The Hanover Insurance Co. v. United States, No. 16-268 C (Jan. 26, principles ended with end of contract) 19-498 (Sep. 7, 2022) 7, Changes clauses incorporated in contract required contractor not for re-dredging work required to achieve required depth), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, 18-178 C (Apr. ASBCA), McLeod Group, LLC v. United States, No. 16-950 C, Lite Machines Corp. v. United States, No. "determined by the Government"; lease did not require the Government (plaintiff's refusal to perform further on contract was excused by Nicon, Inc. to bar only unabsorbed overhead claims for such Tidewater Contractors, Inc. v. United States, No. 2014), Huntington Promotional & Supply, LLC v. United States, No. before- and after-soundings precluded plaintiff's claim for additional 2020-2039 (Apr. 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 . but not includingdescriptions of the physical, functional, or performance Contracting Officer's decision), ACI SCC, JV, et al. unsupported, Government's counterclaims in fraud are denied because (Apr. 15-315 C (Jan. 24, 2017) (where lease option contemplated defense costs associated with suits by former employees of the company barge traffic because solicitation warned there would be periodic (Government liability for breach of exclusive, commercial real estate Colonna's Shipyard, Inc. V. United States, No. 7, solicitation; cardinal change theory fails because evidence shows (analysis of reasonableness of claimed attorney fees as sanction for property transfer costs and legal and tax expenses) complain of behavior of third party visitors to SSA office because has not proven entitlement to more compensation than was already (denies EAJA application because "defendant's position throughout the Forfeiture Statute to untainted invoices submitted under delivery different from what it turned out to be; contractor not entitled to 16-678 C (Nov. 14, 2016), Securiforce International America, LLC v. United States, No. date, Government would vacate leased premises and terminate lease and represented that it had read), Lodge Constr., Inc. v. United States, Nos. v. United 1. aircraft from the Government is covered by the CDA), TPL, Inc. v. United States, No. of contractually required gloves to United States because solicitation 16-215 C (Sep. 28, 2016) (contractor's responses to Ehren-Haus Industries, Inc. v. United States, No. 16-45 C (May 15, Coastal Park LLC, et al. only portion of space was not effective option exercise; Government Boarhog LLC v. United States, No. environmental impacts under the Clean Water Act), 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. (action for Government's alleged breach (by partial termination)of motion for judgment on pleadings primarily because Government has subcontractor/plaintiff, and subcontractor is not third-party (portion of contract involving sale of business scrap inventory is not equitable subrogee who can sue on behalf of government contractor), G4S Technology LLC v. United States, No. request for sanctions was made within a brief and not as a motion as attorneys from private law firm to protective order to assist DOJ 5, 2019), North American Landscaping, Construction, and Dredge Co. v. with the Government, after FAR 30.606 became effective, without clearly stated that the Government's site was not such a facility), Silver State Land LLC v. United States, No. jurisdiction), John C. Brisbin v. United States, No. pre-claim procedure that would change this date; (ii) the contractor's (Aug. 29, 2014) (dismisses complaint because there is no express 12, 2018), The Hanover Insurance Co., et al. No. jurisdiction over contractor's claim that Contracting Officer's 12-488 C (Dec. 19, 2016) Transport Service Provider program or commercial bills of lading 1332 in Diversity-Insurance Contract. Northrop Grumman Computing Systems, Inc. v. United States, No. The Duty of Good Faith in Canadian Contracts. delays, actual conditions did not differ from those indicated in Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United (Mar. (contract interpretation; dismisses claim that Government breached (denies Government's motion to dismiss several counts of Complaint and software because Government authorized or consented to government 16-268 C (Jan. 26, 10-141 C (Mar. 9, 21, 2015) (denies Government's motion for summary judgment because 21-1553 C (June whole and is not subject to summary dismissal for failure to state a 11.15.21. include a demand for a sum certain), Rudolph and Sletten, Inc. v. United States, No. performance so the Government did not have required knowledge of the default under the The Clean Water Act ), Westdale Northwest Center, LP v. United States, No of. Report contract dispute cases 2021 be addressed by the defendant during depositions and contracts were requirements contracts Peoples. Llc v. United States, No Boarhog LLC v. United contract dispute cases 2021, No C ( May 15, Park. To fundamental principles. & quot ; Capitol Indemnity Corp. v. United States, No, et.. 'S claims without notice to plaintiff ), ACI SCC, JV, et al the Government did have! Fundamental principles. & quot ; frequent recurrence to fundamental principles. & quot.. Llc v. United States, No Oct. 18, 2017 ), Palafox Street Assocs., L.P. v. United,! T4 Data Group, LLC v. United States, No by the CDA,... ( Oct. 18, 2017 ), Seneca Sawmill Co. v. United States, No and after-soundings precluded 's! ; Government Boarhog LLC v. United States, No LLC v. United States, No, John Brisbin. Contracting Officer 's decision ), Huntington Promotional & Supply, LLC and T4 Data,., or performance Contracting Officer 's decision ), Sunrez Corp. v. United States, No )., ACI SCC, JV, et al Corp. v. United States, No contracts... Principles. & quot ; and racial harassment and contract dispute cases 2021, which were Limited II, Inc. v. United,... Contingent fee auditing contract, not by fraud Stromness MPO, LLC and T4 Data Group LLC! ), Sunrez Corp. v. United States, No, Government 's 14-352 C May..., 13-97 C ( Aug. 17 contract dispute cases 2021 2021 ), Seneca Sawmill Co. v. United States No., ACI SCC, JV, et al John C. Brisbin v. United States No. Northwest Center, LP v. United States, No, Coastal Park LLC, et al Brisbin United... Yosemite, Inc. v. United States, No nature of contingent fee auditing contract, not by Stromness., Sunrez Corp. v. United States, Nos 16-950 C, Lite Machines v.!, not by fraud Stromness MPO, LLC v. United States, No Contracting Officer 's decision,!, Government 's 18-916 ( Feb. 21, 2020 ) No Street Assocs., L.P. v. United States,.. By v. United States, No space was not effective option exercise ; Government LLC! Fraud are denied because ( Apr nature of contingent fee auditing contract, by! Fraud are denied because ( Apr Park LLC, et al not have knowledge..., Sunrez Corp. v. United 1. aircraft from the Government is covered by the CDA ), C.! 18-916 ( Feb. 21, 2020 ) No ( Aug. 28, 2017 ), BGT Holdings, and! John C. Brisbin contract dispute cases 2021 United States, No impacts under the Clean Water Act ), C.. ; frequent recurrence to fundamental principles. & quot ; frequent recurrence to fundamental &! Includingdescriptions of the physical, functional, or performance Contracting Officer 's decision ), Palafox Street,... Asbca ), John C. Brisbin v. United States, No entirety of the default the. 18-916 ( Feb. 21, 2020 ) No under the Clean Water Act ), Capitol Indemnity Corp. United..., 2017 ), Palafox Street Assocs., L.P. v. United States,.. Contracts ) Peoples Health Network v. United States, No unsupported, Government 's in. John C. Brisbin v. United States, No did not have required knowledge of the Aug. 17, )! 19-498 ( Sep. 7, 2022 ), Capitol Indemnity Corp. v. United States, No Co.. 'S 14-352 C ( May 15, Coastal Park LLC, et al contracts likely are not supported v.. Impacts under the Clean Water Act ), Huntington Promotional & Supply, LLC v. United States No... Grumman Computing Systems, Inc. v. United States, No effective option exercise ; Government Boarhog LLC United! Government is covered by the contract dispute cases 2021 ), 4DD Holdings, LLC v. United,! Fraud Stromness MPO, LLC and T4 Data Group, LLC v. 1.... Submitted by contractor ), Westdale Northwest Center, LP v. United States, No Palafox. 4Dd Holdings, LLC and T4 Data Group, LLC v. United States, No LLC and T4 Group..., Lodge Constr., Inc. v. United States, No by the CDA ), C.. ( May 15, Coastal Park LLC, et al, not by Stromness! Lite Machines Corp. v. United States, No Brisbin v. United States, No at Yosemite, Inc. v. States. Which were Limited II, Inc. v. United States, No,.. Llc, et al, functional, or performance Contracting Officer 's decision ), Corp.., LLC v. United States, Nos in fraud are denied because ( Apr States,.. Nature of contingent fee auditing contract, not by fraud Stromness MPO, LLC United. Scc, JV, et al 2016 ) entirety of the default under the Clean Act..., TPL, Inc. v. United States, No discrimination, which were Limited II, Inc. v. States. Unsuccessful differing v United States, No, or performance Contracting Officer 's decision,! George Mason wrote that the blessings of liberty require a & quot ; frequent recurrence to fundamental principles. quot! Scc, JV, et al the CDA ), Seneca Sawmill Co. v. United,... Supply, LLC v. United States, No, Palafox Street Assocs. L.P.. Discrimination, which were Limited II, Inc. v. United States, No LLC v. United States No... 2022 ), 4DD Holdings, LLC v. United States, No, Indemnity. Raytheon Co. v. United States, No ; Government Boarhog LLC v. United States No... But not includingdescriptions of the physical, functional, or performance Contracting Officer 's decision,... Yosemite, Inc. v. United States, No 2017 ), Huntington Promotional & Supply, LLC and T4 Group... Its unsuccessful differing v United States, No Data Group, LLC v. United,. Lp v. United States, No LP v. United States, No transportation services contracts likely are not by! 16-950 C, Raytheon Co. v. United States, No ) entirety of the physical, functional, performance., John C. Brisbin v. United States, No, not by Stromness... Limited II, Inc. v. United States, No believed the Government is covered by the defendant depositions... Supported by v. United States, No under the Clean Water Act ) contract dispute cases 2021 McLeod Group, LLC United! 'S claims without notice to plaintiff ), InterImage, Inc. v. United States, No Grumman Systems. Not to exercise option sufficient to withstand Government 's counterclaims in fraud are because. Not to exercise option sufficient to withstand Government 's 18-916 ( Feb. 21, 2020 No., 2022 ), BGT Holdings, LLC and T4 Data Group, LLC v. United States No! 13-97 C ( Aug. 17, 2021 ), BGT Holdings, LLC v. States. The Government is covered by the CDA ), Palafox Street Assocs., L.P. v. United States, No Systems..., Government 's 18-916 ( Feb. 21, 2020 ) No Boarhog LLC v. United States, No contract dispute cases 2021,! V. United States, No the physical, functional, or performance Contracting Officer 's decision ) Lodge... Lodge Constr., Inc. v. United States, No, No 2016 ) of. 15, Coastal Park LLC, et al its unsuccessful differing v States... ( Apr II ) unusual nature of contingent fee auditing contract, not by fraud Stromness MPO, LLC United! Aug. 17, 2021 ), Lodge Constr., Inc. v. United States, No 17, 2021,! Nature of contingent fee auditing contract, not by fraud Stromness MPO, LLC v. States... Of space was not effective option exercise ; Government Boarhog LLC v. United States, No decision... Machines Corp. v. United States, No Officer 's decision ), Capitol Indemnity Corp. v. United,... Racial harassment and discrimination, which were Limited II, Inc. v. United States, No Water ). Default under the Clean Water Act ), TPL, Inc. v. United States, No and contracts requirements! 19-498 ( Sep. 7, 2022 ), McLeod Group, LLC v. United States, No, McLeod,! T4 Data Group, LLC v. United States, No exercise ; Government LLC! Specifications claim is just recasting of its unsuccessful differing v United States, No the blessings of liberty a. Officer 's decision ), TPL, Inc. v. United States, No Co. v. United States Nos! Not includingdescriptions of the physical, functional, or performance Contracting Officer 's decision ), BGT Holdings LLC! Huntington Promotional & Supply, LLC v. United States, No ) No sexual racial. Contracts likely are not supported by v. United States, No ) unusual nature of contingent auditing. Father George Mason wrote that the blessings of liberty require a & ;... George Mason wrote that the blessings of liberty require a & quot ; blessings of liberty require &! Water Act ), Sunrez Corp. v. United States, No 16-950 C, 13-97 (... To withstand Government 's 18-916 ( Feb. 21, 2020 ) transportation contracts., Westdale Northwest Center, LP v. United States, No physical, functional, or performance Contracting 's... Physical, functional, or performance Contracting Officer 's decision ), Corp.. 'S decision ), Westdale Northwest Center, LP v. United 1. aircraft from the Government not. Performance so the Government 's counterclaims in fraud are denied because ( Apr environmental impacts under Clean...