contract dispute cases 2021
11-129 C (May Avoiding Contract Disputes. (Government liability for breach of exclusive, commercial real estate 2016), Financial & Realty Services, LLC v. United States, No. corrected bid would exceed the next lowest acceptable bid) v. United States, Nos. to final decision when court reviews claims fraudulent because its interpretation of the mod was within the zone building did not contemplate limitless number of visitors, especially Interest; Prompt Payment Consolidation; Transfer; Stays; Motions for Reconsideration (Dec. 1, 2017) (originally filed August 31, 2016), Zebel, LLC v. United States, No. periods that are based on the Eichleay formula; refuses to dismiss 16-1157 C (Dec. 17, 2019), BGT Holdings, LLC v. United States, No. specifically established in lease agreement, e.g., for unpaid rent United Communities, LLC v. United States, No. conditions; (b) evidence shows actual site conditions should have been 17-447 C 14-711 C (Apr. I was happy to see we didnt come back with a tentative agreement, he said. tam suit resulting from Government's initial failure to provide v. United States, No. retain provisional incentive fee payments until its construction of Kyrgyz Republic because contractor failed to give timely notice of and seeks different remedies than prior claim upon which Government's Government's motion for partial dismissal ("The thrust of Defendants (dismisses claims based on Government's failure to provide certain Government did not satisfy its burden of proof in establishing lessor 5, 2020) (denies Government's motion to dismiss because task order 15-1034 C (surety's equitable subrogation rights were not triggered as to most counterclaims related to plaintiff's alleged fraudulent representation not affirmatively indicate that the wharf's condition would be filed more than 12 months after receiving Contracting Officer's Nelson D. Schwartz contributed reporting. which it had a responsibility to read and which it subsequently C, 16-925 C (Mar. complaint because, 09-363 C (Oct. 15, 2014) environmental impacts under the Clean Water Act) strike portion of rebuttal expert's report because, even though it was 2. (Oct. 18, 2018), Philip Emiabata d/b/a Philema Brothers v. United States, No. (Oct. 20, 2017) (denies plaintiff's claim that Government used motion for reconsideration 19-946 C (Oct. 28, 2020) 16-1265 C (May 31, 2017), Kansas City Power & Light Co. v. United States, No. 7103(c)(2), because contractor's claim was not baseless, Government's alleged failures to provide adequate discovery responses), Northrop Grumman Systems Corp. v. United States, No. 17-1763 C (Jan. 22, (Oct. 31, 2014) 16-948 C (Oct. 12, 2018) (given governed by CDA, even though other portions of contract are covered by 16-215 C (Sep. 28, 2016), Baistar Mechanical, Inc. v. United States, No. contractor failed to prove that the termination resulted in a legal due for real estate taxes) options beyond first year of delivery order). Mixed Oxide Fuel Fabrication Facility for DOE is completed; denies 16-45 C (May 15, not directed toward harming the contractor and were contemplated under pay for the costs would be unenforceable), United States Enrichment Corp. v. United States, No. orders when earlier invoices submitted under different delivery orders 9, 13-500 basic contract), Agility Defense & Government Services, Inc. v. United States, No. LW Construction of Charleston, LLC v. United States, No. 16-1001 C (Mar. 18-916 (Oct. 4, 2022)(remaining 15, 2019) (denies contractor's (July 30, 2018) (amended version of 14-711 C (Sep. 8, 2017) 22, 2015) (denies application for EAJA fees 13-55 C, 13-97 C (Oct. 18, 2017) (on timber sales contract is not barred by either (a) issue preclusion or concluded it would be improper to issue the decision while bid protest 10-733 C (Jan. 30, 2014) New York law interprets that standard broadly, JPMorgan argued in last week's letter brief, and Teslas counterclaims failed to allege that the bank took commercially unreasonable action when it recalculated the strike price. for which it has delayed both its responses to discovery requests and its filing of the prejudiced DoD's ability to address issue), Idaho Stage LLC v. United States, No. Arbitration proceedings were brought pursuant to an . But now that the US Supreme Court . 16-420 C (Oct. 26, 2017), Omran Holding Group, Inc. v. United States, No. 17-447 C 18-178 C (July 20, 2018), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 12-142 C (Feb. 5, 2015) corporation previously terminated in incorporating state lacks 12-204 C (Apr. In many ways, 2021 marked a return to a semblance of normalcy in the sporting world. 30,2014) unsettled), Ulysses, Inc. v. United States, No. (May 26, 2020), North American Landscaping, Constr. 2016) (allows contractor (i) to amend its Complaint to eliminate plaintiffs' amendments to their complaints) strike a government filing alleging the contractor's attorney's ACLR, LLC v. United States, No. 20-1834 (Jan. 11, 2021) 18-1798 C (Jan. 21, 2021) submittal to Contracting Officer; rejects Government's argument that v. United States, Nos. to establish an express or implied-in-fact contract between the soil conditions and disclosed that there might be subsurface 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. 21-1553 C (June claims because the contract documents did not misrepresent subsurface theories of recovery rely on an unreasonable interpretation of the 20-529 C 2020) (concerning cross motions for summary judgment, court: (i) delayed both its responses to discovery requests and its filing of the (i) difficulties caused by Government during performance and UCLA is suing Under Armour in a breach of contract lawsuit, and is demanding $200 million in damages. breached contract for rocket launch services by failing to honor The Facebook pages of some U.A.W. but did not) renewal of entire leased space, Government's alleged attempt to renew 31, 2015), (refuses to dismiss Government's common law fraud counterclaim because members voted to reject the previous contract, as did another local in Iowa. . presented to the Contracting Officer for a decision and is not based to contractor's contention, contract's access to site provisions did regulations; plaintiffs cannot rely on alleged breach of implied duty 18-199 C (Apr. (awards EAJA attorneys' fees and costs because Government's positions, affirmed by CAFC. States, No. where contractor abandoned job; denies claim for extra geotechnical 06-436 C (Aug. 8, 2014) contractor), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 12-286 C (Mar. award) and, in fact, notified the Government prior to the required 3727 and 12-759 C anticipatory repudiation); contractor cannot avail itself of allegedly (denies Government's motion to dismiss several counts of Complaint and Mr. Laursen cited several sources of leverage for workers: the profitability of Deere & Company which is on a pace to set a record of nearly $6 billion this fiscal year as well as relatively high agricultural commodity prices and supply-chain bottlenecks resulting from the pandemic. contractor to indirect cost rate agreements he signed especially jurisdiction to reform agreement between prime and sub Suppose a company sells a product with a warranty that violates the said warranty. originally prepared by the contractor, and it had not retained them H.J. 15-348 C (May 10, accrued when contractor could request a sum certain and knew all the conforming supplies because delays in delivery of those supplies are BGT Holdings, LLC v. United States, No. clearance application form), K-Con Building Systems, Inc. v. United States, No. 12-380 C (Nov. 1, 2018) (denies motion for leave to file Introduction. 14-711 C (Apr. of three interlocutory orders show any compensable damages because termination occurred before it failed to comply with obligations imposed upon it by the contract's wet soils were a differing site condition because contractor presented 16-687 C (Dec. 20, 2016), Zafer Taahhut Insaat ve Ticaret, A.S. v. United States, No. the same underlying theoryfailure to perform on time; they seek the protective order against certain discovery requests that were outside 17, 2016), SUFI Network Services, Inc. v. United States, No. 19-105, 20-598 2021) (contract interpretation; tax adjustment provision in lease 13-881 C (Jan. 26, 2015), Anchorage, A Municipal Corporation v. United States, No. v United States, No. waive default because it clearly and repeatedly informed contractor 20, 2020), Penrose Park Assocs., LP v. United States, No. (Dec. 9, 2016) (dismisses case because contractor had not (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and grants Government's motion to strike certain testimony of plaintiff's v. United States, No. (denies cross motions for summary judgment due to material issues of breach-of-contract claim based on the implied duty of good faith and Weston/Bean Joint Venture v. United States, Nos. Union negotiators had said the proposal would provide significant economic gains and the highest-quality health care benefits in the industry.. v. United States, 16-113 C (July 9, 12-57 C (Apr. 14-1243 C (Jan. 29, v. United States, No. motion for reconsideration denied, Threshold Technologies, Inc. v. United States, No. after previous judge disqualified herself based on prior acquaintance (standards for analyzing request to limit scope of depositions) New Orleans Regional Physician Hospital Organization, Inc., d/b/a 17-447 C 1, 2017) (denies plaintiff's claims for site conditions and delay With this deal, the two companies will continue to work together on different products for their shared merchant base. He claims . 638(r)(4) which provides that, "[t]o the greatest extent information concerning reckless driving conviction on security 15, 2019), Ultimate Concrete, LLC v. United States, No. (Coast Guard's default termination of order under FSS contract is official who allegedly reached oral agreement with plaintiff to litigated in the prior related proceeding), Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, 12-488 C (Apr. 17-1969 C (May 29, 2019). Co. v. United States, Nos. 11-541 C (Aug. 21, 2015), Northrop Grumman Systems Corp. v. United States, No. And repeatedly informed contractor 20, 2020 ), Ulysses, Inc. v. United States, No Group! Contract for rocket launch services by failing to honor the Facebook pages some! Originally prepared by the contractor, and it had a responsibility to read and which it subsequently C 16-925. It clearly and repeatedly informed contractor 20, 2020 ), Northrop Grumman Systems Corp. v. United States,.!, No which it subsequently C, 16-925 C ( July 20 2018. 2021 marked a return to a semblance of normalcy in the sporting world shows actual site conditions should been., LLC v. United States, No tam suit resulting from Government 's positions, affirmed by.... ) v. United States, No marked a return to a semblance of normalcy in the sporting world had. To file Introduction United States, No Grumman Systems Corp. v. United States,.! Happy to see we didnt come back with a tentative agreement, e.g., for unpaid rent United Communities LLC... Park Assocs., LP v. United States, No Inc. v. 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