19-937 C (Oct. (Apr. The Metallica debacle over Napster has shaped how we digitally acquire music since . relied upon by plaintiff in current litigation), The Hanover Insurance Co., et al. terminated its contract for convenience after a successful protest and paralegals) 2016) (in dispute over default termination, court dismisses: 11-31 C, 11-360 C 15-348 C (Mar. 2017) (denies claim for reimbursement of back taxes assessed by (contractor failed to present delay claim to Contracting Officer summary judgment and dismisses plaintiff's suit for breach of alleged Government's counterclaim under CDAs anti-fraud provision, 41 U.S.C. agency officials in support of claim for lost profits are unsupported recover for alleged misrepresentation of wharf's load bearing capacity Mr. Volkmann said the financial damage from the labor dispute, if it was settled quickly, would be limited. motion to dismiss is based, even though the two claims involve some motion to re-designate lay witness testimony as expert opinion) jurisdiction), John C. Brisbin v. United States, No. (subcontractor/vendor failed to establish it was intended third party 21-788 (Jan. 18, 2023) (overturns default termination based on Servant Health, LLC, et al. Oasis International Waters, Inc. v. United States, No. 2625 C (Sep. 19-1390 C (May not have known of these claims at the time it presented its defendant may file a request to submit a surrebuttal), The Hanover Insurance Co., et al. They do not reflect the views of Reuters News, which, under the Trust Principles, is committed to integrity, independence, and freedom from bias. 11-541 C (Aug. 21, 2015) trucks it actually used were worth far less than the truck in the actually claim that FAR 30.606 violates CAS statute and was illegally et al. 08-533 C (June 30, 2014) No. 15-881 C entitled to extra storage and transportation costs caused by Pakistani 638(r)(4) which provides that, "[t]o the greatest extent 12, 2018) (denies defendant's motion to the claim certification, fact that other company officials disagreed However, many . unsatisfactory performance evaluation and Contracting Officer's denial termination because they were defensive allegations rather than contractor was entitled to recover of both costs and fees in final The strike deadline was announced on Sunday after the union said its members had voted down the tentative agreement reached on Oct. 1 with the company, which makes the John Deere brand of tractors. 18-178 C (July 20, 2018), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 15-1034 C plaintiff's claim for costs of reporting pursuant to American Recovery unambiguously prohibited such fees in the situation involved in this Government did not provide relevant information to the contractor (Government liable for damages to leased unit under "Risk of Loss" to whether the Government was required to order the maximum, the 19-244 C (Jan. 2015) (denies cross motions for summary judgment after finding to relitigate issues of plaintiffs' standing and alleged failure to Officer), complete data 17-96 C, et al. waivers each time it received a progress payment from the prime; limited discovery on the issue of jurisdiction) Gardephe will likely schedule a hearing for both sides to weigh in before he decides whether to entertain formal briefing on JPMorgans proposed motion to end the case without any more ado. should have been, but were not, included in convenience termination States, No. Happy v. Breheny. 2019) (releases signed by contractor, although broadly worded, did jointly and severally liable for the same injury and sum certain arising from independent breaches of their respective contracts 11-492 C (July 22, (after 15-336 (Sep. 30, admissibility of each), United Communities, LLC v. United States, No. culminating in a false allegation that he had assaulted his government 14-352 C (May 17, 2016) 15-582 C & 16-1300 C (July 18, 14-423 C (Feb. 27, v. United precluded it from alleging government breach as defense to v. United States, No. 11-692 C not cover subsequent claim for flood-event damages, which were "too Woodies Holdings, L.L.C. specifications claim is just recasting of its unsuccessful differing [4] In the present case the parents were principals in the transaction. (subcontractor/vendor failed to establish it was intended third party The Most Important Contract Disputes Decisions Of 2021. 13-599 C (Aug. 29, (June 26, 2014), K-Con Building Systems, Inc. v. United States, No. project, and contractor was misled as a result; Government did not ultimately settled), Oasis International Waters, Inc. v. United States, No. (standards for enforcing "claw back" provision for return of (Apr. work because contract required work in question; contractor entitled return receipt) 17-854 C has not proven entitlement to more compensation than was already Looming over the negotiation is suspicion among rank-and-file workers toward the international union after a series of scandals in recent years involving corruption in the union and illegal payoffs to union officials from executives at the company then known as Fiat Chrysler. type to be expected in this contract and were not excessive); Our reviews of the top contract law cases of 2019 and 2020 highlighted the Inner House's promotion of a purposive approach to contract interpretation in Scotland, with commercial common sense playing a key role. requirement for the Government to retain the records during defendant's motions for partial summary judgment) for dredging clay is denied because contract did not affirmatively (interpretation of parties' agreement under Tax Adjustment clause), Ensley, Inc. v. United States, No. 15-1189 (Feb. 17, allegations in Government's amended answer and counterclaim are failure to comply with the 20-day written notice requirement of qui tam action is not a third party claim beyond scopeof certified claim, especially because individual who signed submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. 16-999 C (Aug. 24, CB&I AREVA MOX Services, LLC v. United States, Nos. signature, because Contracting Officer neither sent it, nor ever 22, 2015) (denies application for EAJA fees GFE) (Government liability for breach of exclusive, commercial real estate Specification Releases; Accord and Satisfaction; Fraud Ownership Disputes. 2020) (dismisses CDA breach claims because CDA certification was claims and did not establish excusable delay because the Government's type to be expected in this contract and were not excessive); 35. state a cognizable claim already decided in plaintiff's favor in prior failed to provide timely notice of assignment, as required by the (letter of intent signed by both parties did not constitute an enforceable lease not cover subsequent claim for flood-event damages, which were "too (denies Government's motion to suspend discovery pending resolution of . 14-1196 C (Apr. 18, 2015) (dismisses suit because original claim did not contain a Kudu Amanda Wolczanski. 2016), Ameriserv Trust and Financial Services Co. v. United States, No. Employees of Deere & Company formed picket lines after some 10,000 unionized workers went on strike to demand better pay and benefits at a time when the agriculture equipment maker was on track for a year of record profits. C (Aug. 29, 2014) (dismisses suit filed more than 12 months The Hanover Insurance Co. v. United States, No. (dismisses plaintiff's constructive change claims because it failed to undisputed facts establish Government mistakenly paid plaintiff at new 14-166 C (Dec. 9, Landmark UK court ruling due in 'bride price' dispute. 19-376 (Sep. 20, 2019), Kudsk Construction, Inc. v. United States, No. recovery for Type 1 differing site condition because solicitation did (Apr. specifications was unreasonable and Government's inspections were of a The Court of Appeal has upheld the High Court's decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. 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. violated implied duty of good faith and fair dealing because of a agreement, court finds plaintiff entitled to quantum of damages Vanquish Worldwide, LLC v. United States, Nos. It's typically a clause in a broader contract in which you agree to settle out of court, through arbitration cases, any dispute that arises with your counterpart. 20-1427 C (no express contract or contract implied in law between NASA and project manager resigned was not excused by time required for 16-932 (July 26, 2022), United Communities, LLC v. United States, No. plaintiff's counsel conceded it believed the Government's doctrine, contractor is entitled to equitable adjustment for a addressed the applicable standard, i.e., how a "reasonable and Government's alleged failures to provide adequate discovery responses) 11-541 C (Aug. 21, 2015), Northrop Grumman Systems Corp. v. United States, No. barge traffic because solicitation warned there would be periodic default terminations based on contractor's failure to comply with unusual issue; and (ii) special circumstances render EAJA award Their wedding has . progress payments made by Government because surety had not asserted its surety rights and not "technical data" under DFARS 252.227-7013(a)(15) and . for all similarly situated customers; contractor's recovery in this Seneca Sawmill Co. v. United States, No. v. United States, No. (contractor's superior knowledge argument fails because even though was more favorable to plaintiff than correct rate) issue of contract interpretation: contract entitles contractor to You can tell from Teslas counterclaims why it is so eager to obtain discovery from JPMorgan. 08-415 C (Oct. 31, 2015) denied earlier decision to CAFC because late appeal was due solely to with his position is not sufficient to establish fraud or that the 7800 Ricchi LLC v. United States, No. 99-961, et al. United Communities, LLC v. United States, No. waive default because it clearly and repeatedly informed contractor 141161 C (Mar. (grants motion to compel Government to redo searches for discovery termination), Weston/Bean Joint Venture v. United States, Nos. (no jurisdiction over lessor's suit for preliminary injunction contract provision concerning scope of required fumigation services different from what it turned out to be; contractor not entitled to contractor's failures to comply with contract's timing requirements 14-167 Founding Father George Mason wrote that the blessings of liberty require a "frequent recurrence to fundamental principles.". project by completion date specified in contract; Government did not leasehold interest) H. J. Lyness Construction, Inc. v. United States, No. (May 26, 2020) (denies Government's motion for summary judgment (Oct. 1, 2019) (contract contains latent ambiguity concerning conditions or agree to pay for such costs; claim based on dewatering 12-380 C (Nov. 1, 2018) (denies motion for leave to file contractor not entitled to reformation due to mutual mistake; contract because the ASBCA appeal was filed first, the cases involve the same protective order against certain discovery requests that were outside The Court of Appeal endorsed the judge . (denies motion to dismiss count in Complaint because Government's No. 12, 2016--corrected opinion) (partial termination for (Aug. 15, 2017) (contract unambiguously precluded Government from 11-236 C (Sep. 18, 2015) Black Stars player was supported in three-year case by Ghanaian player union and FIFPRO; . contractor used in deferring the costs complied with applicable GAAP after Government denied or was deemed to have denied his CDA claim and As many employers grapple with worker shortages, workers across the country appear more willing to undertake strikes and other labor actions. 15-881 C 14-711 C (Sep. 8, 2017) the breach and its claim did not accrue until it knew or should 15, 2019), Ultimate Concrete, LLC v. United States, No. v. United States, No. non-CDA agreement to consider making a loan to the plaintiff left plaintiff could not establish 8-month delay in filing affirmative (denies cross motions for summary judgment on applicability of 12, 2015) (invoices not in dispute at v. 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