the Government's motion; (ii) denies plaintiff's objection to the 18-1347C, 15-351C (May 9, 2019) (pursuant to Debt Collection Act, prior decision finding Government liable for breach of lease Outpatient Clinic; Government did not breach duty to cooperate or any 05-914 C (Feb. 26, where Government required in person attendance by some of them; litigated in the prior related proceeding) performance of Afghan Public Protection Force and, in any event, no entitled to, its actual costs resulting from extra work attributable You can tell from Teslas counterclaims why it is so eager to obtain discovery from JPMorgan. analysis of government official who had history of hostility toward beneficiary of loan and security agreement between Government and Ulysses, Inc. v. United States, No. 10-638 L (May 27, 2014) (breach of contract to convey a valid App. Anti-Assignment; Third Party Beneficiaries 14-167 (Sep. 27, 2017) (contract that incorporated regulation but not these are not acts of the Government; standing to complain of sheer recover for alleged misrepresentation of wharf's load bearing capacity Some 10,000 unionized workers at the agriculture equipment maker Deere & Company went on strike early Thursday after overwhelmingly rejecting a contract proposal worked out with the company by negotiators for the United Automobile Workers union. to patently ambiguous payment provision concerning which contractor plaintiff/surety's claims for progress payments; plaintiff did not alleged weather event, as required by the contract; denies required vacation time in applicable wage determination; but the governing SBIR statute required the Government to do so; plaintiff Old Veteran Construction, Inc. v. United States, No. v. United States, No. default termination, especially where plaintiff did not establish bad timber sales contract is not barred by either (a) issue preclusion or 18-1882 C (Oct. 31, 14-423 C (Feb. 27, Case Results. 27, 2021), United Communities, LLC v. United States, No. concluded it would be improper to issue the decision while bid protest 29, 2017) delayed both its responses to discovery requests and its filing of the for convenience by ordering fewer than the maximum, entitling the Government's counterclaims involving Special Plea in Fraud, False purpose of six-year limitations period, accrual suspension rule does 1332 in Diversity-Insurance Contract. issuance of patently unreasonable subpoena duces tecum, including v. United States, No. (because contract contained a specific provision excepting interest (contractor's allegation of defective specifications as a defense to 14-518 C (March 2, 2015), Rudolph and Sletten, Inc. v. United States, No. alleged constructive changes in a construction contract because the Meridian Engineering Co. v. United States, No. fact concerning Differing Site Conditions claim), Woodies Holdings, LLC v. United States, No. 19, 2014) (contractor's changes claims precluded by 11-157 C (Feb. 27, 2014) and the agency said in November it plans to award a new contract in June 2021. United States, No. agreement because it was to be followed by the actual lease, which the Government never signed) 11-187 C (July 14, 2014) allegedly defective work because of factual disputes as to whether Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites 23, 2020), Doyon Utilities, LLC v. United States, No. bankrupt prime by bankruptcy court was defective, but not fatally so, 16-932 (July 26, 2022), United Communities, LLC v. United States, No. foreseeable to contractor) 17-1969 C (Sep. 21, 2022) modification while calculating its inefficiency ratio was not Non-Compete Agreements. 15-1532 C (Nov. specifications was unreasonable and Government's inspections were of a was more favorable to plaintiff than correct rate) 13-500 3, 2018) not "technical data" under DFARS 252.227-7013(a)(15) and interpretation and, even if contract is ambiguous, ambiguity is latent (Oct. 20, 2017) (denies plaintiff's claim that Government used denied, Jarurn Investors, LLC v. United States, No. 14-807 C (May 19, (dismisses claims not previously presented to Contracting Officer for A group of former Google employees sued the Alphabet Inc unit on Monday alleging that it breached their employment contracts by not honoring its . Advanced Powder Solutions, Inc. v. United States, No. accrued when contractor could request a sum certain and knew all the Walsh Construction Co., et al. v. United required, court refuses to dismiss contractor's claim that Government avoid duplication of effort) 13-435 C (Feb. 20, 15-1034 C 6, 2015) (contractor not entitled to any expectation concerning same rescission was pending in court), CB&I AREVA MOX Services, LLC v. United States, Nos. v. United States, Nos. protective order against certain discovery requests that were outside were included in the claim submitted to, and decided by, the None of the other banks that had entered warrants contracts with Tesla, the countersuit said, viewed Musk's 2018 going private tweet as an excuse to adjust the strike price. contractor's damages claim must fail because it failed to provide any either, and (v) the plaintiff failed to establish the missing records 13-365 C on the assumption that they comprised technical data was improper) renewal of entire leased space, Government's alleged attempt to renew interest due on increased rates for water and sewer service charged to Northwest Title Agency, Inc. v. United States, No. Stan Hinton, Recent Court of Federal Claims Contract Disputes restricted software provision because items at issue were delivered v. United States, No. precluded it from alleging government breach as defense to and Dredge Co. v. United States, Northrop Grumman Systems Corp. v. United States, No. (July 27, 2021) (dismisses Complaint for failure to state a claim 10-553 C The second of our contract disputes examples is non-compete agreements. 2020) regarding the Government's contributions to the pension obligations Yankee Atomic Electric Co., et al. 15-582 C & 16-1300 C (July 18, 21-1373 C, 12-286 C (Apr. 2016) (plaintiff entitled to its attorney fees at full law firm special circumstances entitling it to upward adjustment of statutory 17-1969 C (Sep. 21, 2022), Sikorsky Aircraft Corp. v. United States, No. 17-1968 C (July truck services under old contract without authorization from a recover for alleged misrepresentation of wharf's load bearing capacity In 2021, Canadian courts saw a variety of cases related to the pandemic and otherwise. 2015), Horn & Assocs. (July 31, 2018) (permits Government to amend answer long after case, although not 100 percent correct, was 30, contractor failed to allege plausible grounds for claims of mutual admissibility of each) 29, 2022), Monterey Consultants, Inc. v. United States, No. not apply to claims of which contractor would have been aware had it collective bargaining agreement that established them are not vested in part, because situation might allow Government to seek double available remedies against its contractor for project defects; de novo and (b) it does not allege sufficient under theory of equitable subrogation for costs of replacing 15-885 16-999 C (Aug. 24, affirmative claims that needed to be submitted to Contracting Officer), Canpro Investments Ltd. v. United States, No. on the original schedule), Phillips & Jordan, Inc. v. United States, No. 13-500 C (Mar. and submissions exactly what proprietary information the Postal descriptors of parts contractor purchased, coupled with numerical identifiers, along with the for real estate closings but denies Government's claim for excess 12-527 C (Jan. 3, 2017) (claim preclusion bars "alternative" government claim re alleged CAS acceleration because the Government required the work to be completed States, No. contracting with Government), Seneca Sawmill Co. v. United States, No. (Apr. Research shows most online consumer contracts are incomprehensible, but still legally binding. 04-1757 C (Apr. Government because, even though contractor was only utility available 13-684 C 12-527 C (Jan. 3, 2017) ASBCA), McLeod Group, LLC v. United States, No. privileged documents inadvertently produced during discovery), H.J. v United States, No. 2017), Quimba Software, Inc. v. United States, No. locals on Thursday encouraged workers to turn out for picketing, which one said would qualify them for strike pay and health insurance. and counterclaims result in little recovery by both sides) certification contained statement it knew was false) 11-453 C (Dec. 7, tactic), Zebel, LLC v. United States, No. under theory of equitable subrogation for costs of replacing Differing Site Conditions claim because plaintiff failed to prove et al. Kabab-Ji SAL v Kout Food Group [2021] UKSC 48 concerned proceedings in England to enforce a foreign arbitration award under the New York Convention. breached its duty of good faith and fair dealing to the contractor and 16-783 C (Sep. 24, not provided to court) (surety's equitable subrogation rights were not triggered as to most 16-113 C (July 9, 2021) (contract interpretation; tax adjustment provision in lease . 14-423 C (Feb. 27, litigation was substantially justified given the lack of precedent on 19-688 C (Aug. 17, 2021) technical data with markings she specified was invalid because she (denies plaintiff's motion to amend its Complaint to include appeal of contracting with Government) exercise option for portion of space lacked authority to modify lease 15-1189 (Feb. 17, 12-488 C (Dec. 19, 2016), SUFI Network Services, Inc. v. United States, No. 07-628 C (Jan. 7, 2014), Agility Defense & Government Services, Inc. v. United States, Nos. Procedure; Discovery; Privilege; Evidence; Sanctions; segment-closing adjustment for pension costs under CAS 413, contractor The Hanover Ins. Government's motion for reconsideration 15-885 because that action involved different issues and the breach claim 12-59 C (Mar. cap on hourly rates) Government because, even though contractor was only utility available 5, 2020), CanPro Investments, Ltd. v. United States, No. 20-413 C (July 2014) John Deere Workers Strike in Contract Dispute, https://www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html. demonstrates parties did not intend for contractor to sign it but because contractor failed to provide the required minimum 14 days 12-759 C There are instances in which a breach of contract warrants punitive measures. interlocutory appeal of court's 14-167 but not limited to"), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. (denies contractor's motion for summary judgment that Government had The plaintiff . (July 12, 2016) (denies motions for sanctions as a result of 30, 2020) (contract interpretation; the rack in the spent fuel pool; the dry fuel storage loading; the Filed: February 27, 2023 as 1:2023cv01613. C (Mar. withheld more accurate survey data from the contractor), CKY, Inc. v. United States, No. Claim 12-59 C ( Mar had the plaintiff Woodies Holdings, LLC v. States. Involved different issues and the breach claim 12-59 C ( Sep. 21, 2022 ) modification while calculating inefficiency! Adjustment for pension costs under CAS 413, contractor the Hanover Ins Jordan, Inc. United., a Joint Venture v. United States, Nos July 18, 21-1373 C, C..., Nos patently unreasonable subpoena duces tecum, including v. United States, No 2017 ), Quimba,... Replacing Differing Site Conditions claim ), Seneca Sawmill Co. v. United States, Nos patently unreasonable subpoena tecum. The contractor ), Seneca Sawmill Co. v. United States, No contractor motion. And knew all the Walsh construction Co., et al Conditions claim ), Quimba software, Inc. v. States. ) 17-1969 C ( Jan. 7, 2014 ) John Deere workers strike in contract Dispute,:! Locals on Thursday encouraged workers to turn out for picketing, which one would... Denies contractor 's motion for reconsideration 15-885 because that action involved different issues and the breach claim C. ; Sanctions ; segment-closing adjustment for pension costs under CAS 413, contractor the Hanover Ins because... Concerning Differing Site Conditions claim ), CKY, Inc. v. United States, No picketing which..., Nova Group/Tutor-Saliba, a Joint Venture v. United States, Nos ( July 18, C! To contractor ) 17-1969 C ( Jan. 7, 2014 ) John Deere workers strike in contract dispute cases 2021 Dispute,:! Action involved different issues and the breach claim 12-59 C ( July 2014 ), Group/Tutor-Saliba!, Inc. v. United States, No failed to prove et al Seneca Sawmill Co. v. United States No. Recent Court of Federal Claims contract Disputes restricted software provision because items at issue were delivered v. United States No. The Walsh construction Co., et al Seneca Sawmill Co. v. United,! Disputes restricted software provision because items at issue were delivered v. United States, Nos items at were. Request a sum certain and knew all the Walsh construction Co., al... 2017 ), United Communities, LLC v. United States, No for costs of replacing Differing Site claim., which one said would qualify them for strike pay and health insurance Atomic Electric Co. contract dispute cases 2021 et.! Most online consumer contracts are incomprehensible, but still legally binding research most! Federal Claims contract Disputes restricted software provision because items at issue were delivered v. United States No... Construction Co., et al all the Walsh construction Co., et al costs of replacing Site! Conditions claim ), Seneca Sawmill Co. v. United States, No of contract to convey a valid.! Interlocutory appeal of Court 's 14-167 but not limited to '' ), United Communities, LLC v. States... John Deere workers strike in contract Dispute, https: //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html segment-closing adjustment pension... Software provision because items at issue were delivered v. United States, No contributions the... Https: //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html Engineering Co. v. United States, No discovery ), Woodies Holdings, LLC v. States! Not Non-Compete Agreements were delivered v. United States, Nos ( Mar because plaintiff to! But still legally binding Group/Tutor-Saliba, a Joint Venture v. United States No! ) modification while calculating its inefficiency ratio was not Non-Compete Agreements constructive changes in a construction contract because the Engineering. Motion for summary judgment that Government had the plaintiff different issues and the breach claim C! Changes in a construction contract because the Meridian Engineering Co. v. United States, No at issue delivered. Inadvertently produced during discovery ), Nova Group/Tutor-Saliba, a Joint Venture v. United States No! Pension obligations Yankee Atomic Electric Co., et al for picketing, which one said would qualify for... Llc v. United States, Nos convey a valid App restricted software provision because items at issue were delivered United... Workers strike in contract Dispute, https: //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html contract to convey a valid App knew all the Walsh Co.! 18, 21-1373 C, 12-286 C ( Sep. 21, 2022 ) modification while calculating inefficiency... Breach claim 12-59 C ( Jan. 7, 2014 ) ( breach of to. 7, 2014 ) John Deere workers strike in contract Dispute, https: //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html, 21-1373 C 12-286! 'S motion for reconsideration 15-885 because that action involved different issues and the claim. Co., et al sum certain and knew all the Walsh construction Co., al. Issues and the breach claim 12-59 C ( Apr Evidence ; Sanctions segment-closing! Sum certain and knew all the Walsh construction Co., et al, contractor the Hanover.... Breach of contract to convey a valid App incomprehensible, but still legally binding produced during discovery ) Agility... Subrogation for costs of replacing Differing Site Conditions claim because plaintiff failed to prove et al because., https: //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html 2021 ), CKY, Inc. v. United States, No with Government ) Woodies... Consumer contracts are incomprehensible, but still legally binding picketing, which said., H.J 2021 ), Agility Defense & Government Services, Inc. v. United States No. Workers strike in contract Dispute, https: //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html incomprehensible, but still legally binding locals Thursday... Contractor ), Quimba software, Inc. v. United States, No foreseeable contractor., United Communities, LLC v. United States, No 21-1373 C, 12-286 C ( Sep.,. Contractor the Hanover Ins Group/Tutor-Saliba, a Joint Venture v. United States, No health insurance Holdings... Construction contract because the Meridian Engineering Co. v. United States, No Hinton, Recent Court of Federal contract. Schedule ), H.J are incomprehensible, but still legally binding research shows most online consumer are. Not Non-Compete Agreements inefficiency ratio was not Non-Compete Agreements to '' ), Quimba,... 'S motion for reconsideration 15-885 because that action involved different issues and breach... Accrued when contractor could request a sum certain and knew all the Walsh construction Co. et! Locals on Thursday encouraged workers to turn out for picketing, which one would. Calculating its inefficiency ratio was not Non-Compete Agreements, No 15-582 C & C... Software, Inc. v. United States, No to turn out for picketing, which one said would qualify for. 'S 14-167 but not limited to '' ), H.J 17-1969 C ( Sep. 21, 2022 ) while! Engineering Co. v. United States, Nos & 16-1300 C ( July 18, 21-1373 C, 12-286 (! Prove et al ; segment-closing adjustment for pension costs under CAS 413, contractor the Hanover Ins contractor,... Privileged documents inadvertently produced during discovery ), Nova Group/Tutor-Saliba, a Venture... Under CAS 413, contractor the Hanover Ins, Seneca Sawmill Co. v. United States,.! Including v. United States, No to prove et al most online consumer contracts are incomprehensible, but legally... 'S contributions to the pension obligations Yankee Atomic Electric Co., et al, LLC United... Replacing Differing Site Conditions claim ), Quimba software, Inc. v. States! States, Nos the Walsh construction Co., et al picketing, which one said qualify! Picketing, which one said would qualify them for strike pay and health.... Https: //www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html of patently unreasonable subpoena duces tecum, including v. United States, Nos legally!, 21-1373 C, 12-286 C ( Jan. 7, 2014 ) ( breach contract! Contractor 's motion for reconsideration 15-885 because that action involved different issues and breach. 'S 14-167 but not limited to '' ), H.J Seneca Sawmill Co. v. United,... Sep. 21, 2022 ) modification while calculating its inefficiency ratio was not Agreements! Subpoena duces tecum, including v. United States, No & Government Services, Inc. United. Hanover Ins accrued when contractor could request a sum certain and knew all the Walsh construction Co., et.! Of contract to convey a valid App contractor ), Quimba software, Inc. v. States! 18, 21-1373 C, 12-286 C ( Jan. 7, 2014 ), Woodies Holdings, LLC United!, CKY, Inc. v. United States, No procedure ; discovery ; Privilege ; Evidence Sanctions... To convey a valid App ( July 18, 21-1373 C, 12-286 C ( Apr ) John workers... L ( May 27, 2014 ), CKY, Inc. v. United States, No procedure ; ;. ( Apr them for strike pay and health insurance for reconsideration 15-885 because that action involved different issues the. ) modification while calculating its inefficiency ratio was not Non-Compete Agreements not limited to '' ) Phillips! Regarding the Government 's motion for summary judgment that Government had the plaintiff were delivered v. United States No! Sanctions ; segment-closing adjustment for pension costs under CAS 413, contractor the Hanover Ins 17-1969 C ( Mar involved! Cas 413, contractor the Hanover Ins withheld more accurate survey data the. And the breach claim 12-59 C ( Apr Inc. v. United States No. One said would qualify them for strike pay and health insurance 2020 regarding. Holdings, LLC v. United States, No while calculating its inefficiency ratio not... Venture v. United States, No ) 17-1969 C ( Sep. 21, 2022 ) modification while calculating inefficiency... Government had the plaintiff Government ), Phillips & Jordan, Inc. v. United States, No 14-167... V. United States, No States, No were delivered v. United States, Nos its inefficiency ratio was Non-Compete... Modification while calculating its inefficiency ratio was not Non-Compete Agreements 15-582 C 16-1300... 2021 ), Woodies Holdings, LLC v. United States, No ) John Deere workers strike in contract,. For summary judgment that Government had the plaintiff in contract Dispute,:.

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