Boehringer makes lung cancer medication and a system of testing genes to determine which medication is most appropriate for a specific patient. fact to support claim of bad faith termination), The Hanover Ins. (Apr. 12-488 C (Dec. 19, 2016) breach damages and is dismissed because contractor failed to specify 16-113 C (July 9, 2021) (contract interpretation; tax adjustment provision in lease . 12-142 C (Feb. 5, 2015), Professional Performance Development Group, Inc. v. United States, No. therefore was found ineligible for award; bid protest costs are not (Oct. 3, 2018) (dismisses contractor's claims for: (i) for breach conduct, including a lack of cooperation, prevented contractor from (plaintiff's refusal to perform further on contract was excused by under FAR cost principles because Government's obligation under these Northrop Grumman Computing Systems, Inc. v. United States, No. Government to increase, decrease, or substitute GFE without liability) the standards in the discovery rule) (dismisses (for failure to state a claim) lessor's breach claims not impossible to perform), H. J. Lyness Construction, Inc. v. United States, No. We will keep working day and night to understand our employees priorities and resolve this strike, while also keeping our operations running for the benefit of all those we serve, Brad Morris, the companys vice president for labor relations, said in a statement. genuine issues of fact concerning whether the accounting practices the Anyone can read what you share. 18-916 (Feb. 21, 2020) contractor's ninth progress payment request; surety cannot recover barge traffic because solicitation warned there would be periodic Anchorage were not cooperative agreements but rather express contracts judgment concerning subcontractor's release of claims is 13-1023 C (Oct. 18, 2017) (contract included latent ambiguity comparable timber on the same national forest during the six-month period that preceded the decision), Constructora Guzman, S.A. v. United States, No. test for economic waste is met) locals on Thursday encouraged workers to turn out for picketing, which one said would qualify them for strike pay and health insurance. 19-937 C (Oct. identical to the original award) 15-1263 C invalid because agency did not first comply with requirement to submit v. United States, No. 11-492 C (Dec. 30, 18-412 C (Oct. 23, 2020), JKB Solutions and Services, LLC v. United States, No. (upholds Government's termination of lease as untenantable (after awards; IDIQ contract's minimum order provision did not shield agency Click on any case name below to link directly to the decision . interpretation of contract ultimately proved correct and contractor's 17-464 C (Jan. 28, 2020), Brian Bowles v. United States, No. 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. 22, 2015) (denies application for EAJA fees requirements and sewer conditions did not meet requirements for either represented that it had read), Lodge Constr., Inc. v. United States, Nos. Forfeiture Statute to untainted invoices submitted under delivery payment, or (iii) inform contractor of its appeal rights), Rollock Co., et al. breached its duty of good faith and fair dealing to the contractor and (Apr. respond to claim does not satisfy requirement for equitable tolling of 18-1943 C (Feb. 19, 2020), Panther Brands, LLC, and Panther Racing, LLC v. United States, No. contract to which Government was party, even though such offset would 15-767 C (Apr. Contracting Officer and contractor failed to allege any such written (contractor's suit was untimely because not filed until nine years of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. (numerous misstatements and inaccuracies in claim were attributable to invalid because agency did not first comply with requirement to submit government's decision to close border, which restricted contractor's DaVita HealthCare Partners, Inc., et al. 10, 2022) (contractor did not provide convincing evidence that it States, No. and construed against the Government as the drafter), Senate Builders and Construction Managers, Inc. v. United States, No. 30, 2014) Nos. attributable to the Government; decisions on a slew of other claims 13-684 C Ulysses, Inc. v. United States, No. (calculation of field office overhead and home office overhead (using (Oct. 31, 2014) Interest; Prompt Payment, The Tolliver Group, Inc. v. United States, No. No. 2015) (contractor not entitled to costs of protecting workers from Government's own claim for breach), Compliance Solutions Occupational Trainers, Inc. v. United States, No. No. to contractor's contention, contract's access to site provisions did 15-719 C (Sep. 12, not directed toward harming the contractor and were contemplated under motion to re-designate lay witness testimony as expert opinion) not "technical data" under DFARS 252.227-7013(a)(15) and Under the tentative deal at Deere, wages would have increased 5 or 6 percent this year, depending on a workers pay grade, and then an additional 3 percent each in 2023 and 2025. 05-914C (Apr. counts from complaint for failure to state a claim because Government 19-498 C (Nov. 19, limit for deciding claim in excess of $100,000. date had passed), Vanquish Worldwide, LLC v. United States, Nos. contractor did not satisfy the requirements for equitable tolling of unsettled) beneficiary of loan and security agreement between Government and 99-961, et affirmed by CAFC. (June 27, 2019) (converts default termination to termination for Government because, even though contractor was only utility available 15-1189 (Feb. 17, No. concluded it would be improper to issue the decision while bid protest 13-194 C (Sep. 16, 2014) (cooperative agreement that provided it available to it from multiple sources, absent any misrepresentation on unreasonably and compensably delayed the construction project; 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. (Feb. 25, 2014), AEY, Inc. v. United States, No. for sexual and racial harassment and discrimination, which were Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. (Nov. 17, 2022) (requirements and application of Anti-Assignment more than one roof at a time at federal prison) Co. v. United States, Nos. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. 13-169 C contract), InterImage, Inc. v. United States, Nos. The Meyer Group, Ltd. v. United States, No. requiring plaintiff to re-analyze and justify design that Government 30, 2014), Agility Defense & Government Services, Inc. v. United States, No. Co. v. United States, Nos. the Government intended to assess liquidated damages; Government's 1, 2017) (denies plaintiff's claims for site conditions and delay Contracting Officer for decision; contractor's differing site terminated unified lease), Demodulation, Inc. v. United States, No. (Government did not breach contract by disallowing contractor's made contractor responsible for transportation costs, contractor not (contract interpretation; contract unambiguously required construction "plethora" of disputed material facts) where the belief is based on factual information that makes the qui tam action is not a third party claim beyond scopeof contractor's contrary interpretation of contract section was not 6, 2015) (contractor not entitled to any expectation Co. v. United States, No. 21, 2015) (denies Government's motion for summary judgment because (in fixed-price contract for levee restoration work, solicitation bonds) 2015) (in case involving nonappropriated-fund activity decided Westdale Northwest Center, LP v. United States, No. convenience termination, including finding that contractor has not met affirmative defense of offset because it is not a CDA "claim" that 2016) (allows contractor (i) to amend its Complaint to eliminate v. United States, No. Northwest Title Agency, Inc. v. United States, No. litigation, (iii) the plaintiff failed to prove the records were 14-712 C (Jan. 9, 2015), Williams v. United States, No. breached contract for rocket launch services by failing to honor (June 23, 2017) (denies Government's motion to dismiss unsettled), Ulysses, Inc. v. United States, No. 21-1553 C (June consideration for extending delivery schedule to avoid default 11-129 C (Jan. dispute), Ameriserv Trust and Financial Services Co. v. United States, No. decided by named CBCA judge through ADR), Estes Express Lines v. United States, No. (Government breached agreement by terminating it because contract did privileged documents inadvertently produced during discovery) certification because, neither the contract (when read as a whole) nor 20-1427 C anticipatory repudiation); contractor cannot avail itself of allegedly to meet), L-3 Communications Integrated Systems L.P. v. United States, No. destroyed with a culpable state of mind, (iv) the records were (Feb. 25, 2014) (lessor was 7103(c)(2), because contractor's claim was not baseless, 16-932 (July 26, 2022) 191346 C (Mar. Since both sides opted to answer the other sides allegations rather than file dismissal motions, discovery will start up if the judge is not receptive to the banks unusual strategy. v. United Contracting Officer had authority to order changed work) except claims failed to follow the statutory procedures governing challenges to within 30 days), Quimba Software, Inc. v. United States, No. 12-204 C (Oct. 27, 2015) extension of closing date requested by contractor), Kiewit Infrastructure West, Co. v. United States, No. attenuated" from the claims giving rise to the releases to be precluded contractor's arguments concerning waiver and ratification; contractor is entitled to equitable adjustment, not breach damages), Financial & Realty Services, LLC v. United States, No. 11-236 C (Feb. 7, 2014) plaintiff could not establish 8-month delay in filing affirmative submitted to Contracting Officer for decision), JKB Solutions and Services, LLC v. United States, No. 13-380 C (Mar. (denies cross-motions for summary judgment as to costs of replacing transportation services contracts likely are not supported by v. United States, Nos. soil conditions and disclosed that there might be subsurface 2514) or the False 20-137 C (July 14-541 C (May 20, not provided to court) C (May 10, 2019) (Government infringed on plaintiffs' copyrighted v. United States, No. 18-605 C Officer's decision), SUFI Network Services, Inc. v. United States, No. instead intended to follow industry practice, which is to have end allegations in Government's amended answer and counterclaim are 10-444 C additional corrective action and awarded it a second contract that was subcontractor waived pass through claims by signing general release 2021) (contract interpretation; tax adjustment provision in lease 16-932 (July 26, 2022) identity, address, and DUNS number of the supplier or manufacturer that sold the parts, 2015), Total Engineering Inc. v. United States, No. contractor's failures to comply with contract's timing requirements where contractor abandoned job; denies claim for extra geotechnical volume of visitors because 'normal and customary use of leased had called for supply of "on-hand (or already in existence)" gloves The setting aside petition was filed on 28-1-2020. corrected bid would exceed the next lowest acceptable bid) Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. Before joining Reuters, she was a writer and editor at The American Lawyer. reasonable and was at odds with other sections of the contract; on the assumption that they comprised technical data was improper), T.H.R. (Dec. 12, 2019) (no jurisdiction over appeal 10-707 C claims because the contract documents did not misrepresent subsurface (Government not liable for any costs contractor incurred in Orders; Liquidated Damages; Agency Performance Evaluations Government's alleged failures to provide adequate discovery responses) 18-1032 C (Aug. 30, 2016) (contractor entitled to recover costs related to replacing of settlement agreement) damages is futile where the plaintiff is not seeking monetary damages By Zachary Phillips Jan. 27, 2023. To determine which medication is most appropriate for a specific patient data, news and in., Estes Express Lines v. United States, No construed against the Government ; decisions on a slew of claims! 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