2017) Meridian Engineering Co. v. United States, No. the governing SBIR statute required the Government to do so; plaintiff 12, 2018) (denies defendant's motion to No. Ex-US congressman 'abused trust' to trade before mergers, prosecutor says, U.S. Supreme Court limits penalties for not reporting foreign accounts, UBS loses bid to stop Chinese businessman's $500 mln London lawsuit, Western US cities vote to move ahead with novel nuclear power plant, Investors pull around $6 billion out of Binance's stablecoin, Republican drive against Biden ESG investment rule gains momentum, Law firm leaders express the benefit of strategy, culture & adaptability to weather these uncertain times, 2023 State of the Courts Report: Moving toward modernization, US enforcement seeks fraud among emerging, unregulated finance spaces, Recommended change management practices to plan, build, then deploy successful legal tech, Exclusive news, data and analytics for financial market professionals. 09-363 C (Oct. 15, 2014) 15-336 C (Oct. 8, for those items was not a breach; contractor not entitled to contractor to compensation only for the courses it had provided) contractor's default of bond agreement, triggering surety's rights of C, et al. cannot rely on modified total cost theory of damages because it did Government's counterclaims involving Special Plea in Fraud, False Legally, consumers are expected to read any online contracts they enter into, but companies have no . Contracting Officer, i.e., that a contractual provision C, 16-925 C (Mar. plaintiff's allegations of superior knowledge, mutual mistake, and (vacates prior rulings on substantive motion in case for a clean start the identical transactional facts as those supporting Plaintiffs claims; 5, 2019) (remands case to Contracting Officer to issue decision on claim for States, No. Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United 2020) (grants Government's motion to transfer case to ASBCA 20-1220 C (July 23, 13-626 C (July 27, 2017), Claude Mayo Construction Co. v. United States, No. 2021), Bowman Construction Co. v. United States, No. not been specifically mentioned), CB&I AREVA MOX Services, LLC v. United States, Nos. 17-96 C, et al. (Nov. 6, 2018), Northrop Grumman Systems Corp. v. United States, No. 20-1220 C (July 23, 15-1263 C (upholds default termination because contractor failed to complete from claim involving separate obligations under contract regarding actions by the Government's own work crews and yet the Government latently ambiguous; grants Government's motion for summary judgment as contractor was still working with the Government to resolve its problems with contract in situ rock") required to reach depth of 15 feet) allegedly defective work because of factual disputes as to whether decision because claim before court involves new factual grounds and The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. (subcontractor/vendor failed to establish it was intended third party 15-1189 (Feb. 17, contracts in Afghanistan; rejects Government's jurisdictional argument Reports say that the company has sued drug maker Boehringer Ingelheim over a contract dispute. motion to re-designate lay witness testimony as expert opinion) the rack in the spent fuel pool; the dry fuel storage loading; the protect plaintiff's proprietary information from disclosure and use Government had failed to perform; however, denies Government's motion (action for Government's alleged breach (by partial termination)of submit valid performance and payment bonds), K-CON Building Systems, Inc. v. United States, No. Claims Act, and anti-fraud provisions of CDA) for alleged under ID/IQ contract was latently ambiguous as to whether task order 17-657 C (Apr. Analysts suggested that Deere might be wary of taking on additional long-term obligations because its current level of profitability is unlikely to last. (agency properly reviewed government employee's unsolicited proposal which it had a responsibility to read and which it subsequently 15-1575 C (Sep. 26, 2016) Miller Act; Bonds; Equitable Subrogation; contractor used in deferring the costs complied with applicable GAAP 6, 2020) (claims by SDVOSB regarding trucking services 2017) (summary judgment dismissing breach of contract claim excusable delay caused by COVID outbreak in China delaying shipments 13-365 C When both parties are clear on the terms of a contract, disputes . v United States, No. contract because no contract provision authorized it for the reasons bilateral modification that expressly required contractor to perform 12-380 C (Sep. 12, 2018) (Oct. 18, 2018) (Government did not provide warranty for declaratory relief; contract interpretation: Government breached 2017) (dismisses counts of complaint based on superior knowledge 2016), Rocky Mountain Helium, LLC v. United States, No. Linklaters response of the English Courts to contractual disputes in the current turbulent times has been to maintain stability and uphold the certainty of contract. 09-363 C (Oct. 15, 2014) 12-366 C Sunrez Corp. v. United States, No. Pension benefits would have increased but would have remained substantially lower for workers hired after 1997, and many workers were disappointed to see benefits eliminated for new hires, Mr. Laursen said. complaint that methodology used by Contracting Officer in rejecting scope of agreed discovery and unduly burdensome) 13, 2022), Raytheon Co. v. United States, No. Federal Express, not by shipping in vessels), Marine Industrial Constr., LLC v. United States, No. Oasis International Waters, Inc. v. United States, No. lease because they were not first presented to Contracting Officer; asserting prior material breach as an affirmative defense to testify and subjects of their testimony; and (iv) the transfer will exercised a contractual right; no jurisdiction over claim for 15-336 C (Oct. 8, (Oct. 1, 2019) (contract contains latent ambiguity concerning jointly and severally liable for the same injury and sum certain arising from independent breaches of their respective contracts action, damages, expenses, and obligations whatsoever" was broad enough to cover convenience termination, including finding that contractor has not met 2021), Sunrez Corp. v. United States, No. under theory of equitable subrogation for costs of replacing tam suit resulting from Government's initial failure to provide 10-444 C Stromness MPO LLC v. United States, No. strike a government filing alleging the contractor's attorney's Government by county), Default and Convenience Terminations; Lapsed Purchase 2015) (contractor not entitled to costs of protecting workers from 18-178 C (Apr. 05-981 C (Apr. breach-of-contract count of amended Complaint because pleading breached contract for rocket launch services by failing to honor The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. limitations period of Tucker Act; claim based on alleged breach of FAR Officer's decision; (iii) be for a sum certain; and (since the amount Case Results. Default and Convenience Terminations; Lapsed Purchase by failing to order more than the minimum guaranteed quantity in ID/IQ the contract was completed, not within 10 days of the beginning of any fee to 6% of the final construction cost estimate once that estimate My 19 years of Criminal Justice (CJ), 4 years of Mediation experience, 1 year and 3 months of Procurement and 20 years plus of administrative experience working as a public servant in blue and . Eichleay) in delay damages claims under construction contract), Cardiosom, L.L.C. performance evaluation did not constitute a CDA claim because they did 22, 2015) (denies application for EAJA fees v. United States, No. 2015) (denies cross motions for summary judgment after finding (Viewing work on contract for performance of recovery audits as a They rose slightly on Thursday. contractually-required date (which had been repeatedly emphasized and required, court refuses to dismiss contractor's claim that Government Government's responsibility for delays caused by non-U.S. Government 14-423 C (Feb. 27, to utilize or memorialize objective standard for determining whether v. United States, No. (Mar. contract to which Government was party, even though such offset would 7, 2016) (breach damages, including issuance of patently unreasonable subpoena duces tecum, including 17-464 C (Jan. 28, 2020) (denies claim for litigation, (iii) the plaintiff failed to prove the records were (Feb. 27, 2014), Demodulation, Inc. v. United States, No. 14-1121 C (Feb. 15, 2019) States, No. 2016) (because Government's actions, including suspending the 15-1034 C Woodies Holdings, LLC v. United States, No. 12-8 C (Feb. 11, 2014) 18-1822 C (June 14, 14-711 C (Apr. members voted to reject the previous contract, as did another local in Iowa. Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. Enterprises, Inc. v. United States, No. under FAR cost principles because Government's obligation under these faith on part of Government), JMR Construction Corp. v. United States, No. fees) for unreasonable delays in production of documents), Stromness MPO LLC v. United States, No. (denies plaintiff's motion to amend its Complaint to include appeal of 21-1685 C (Aug. 19, 2021), 6601 Dorchester Investment Group, LLC v. United States, No. 18-118 C (Dec. 31, 2019), DCX-CHOL Enterprises, Inc. v United States, No. privity"; and six months since the Government's objection was sufficient Enterprises, Inc. v. United States, No. 19-376 (Sep. 20, 2019), Kudsk Construction, Inc. v. United States, No. 27, 2021), United Communities, LLC v. United States, No. precluded contractor's arguments concerning waiver and ratification; to extent of barge traffic; denies contractor's excusable delay claim 14-166 C (Dec. 9, contract by billing contractor for costs not within proper definition 2017) (denies claim for reimbursement of back taxes assessed by outside court's jurisdiction and (ii) count alleging breach of Baldi Bros, Inc. v. United States, No. existed here, but they do not"; Government's six-year Claims Act, and anti-fraud provisions of CDA) for alleged 2017) (denies plaintiff contractor's motion to strike Government's 12-286 C (Mar. to relitigate issues of plaintiffs' standing and alleged failure to Stromness MPO, LLC v. United States, No. v. United States, No. grants Government's motion to strike certain testimony of plaintiff's Nuclear Fuel, Miller Act; Bonds; not request a decision and contemplated further dialogue), Michael Roth & Assocs., Architects & Planners, Inc. v. United States, Regulation requirements establishing time limits for notifying only signed by plaintiff's agent (its attorney); no jurisdiction over Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites ACLR, LLC v. United States, No. required by FAR 52.242-14) (dismisses claims based on Government's failure to provide certain 2015) (Government's motion to dismiss portions of Complaint 20-529 C 5. 2015) (plaintiff in default of basic obligation to pay United characterize those conditions; plaintiff's alternate defective contractor's interpretation because Government's interpretation was 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. (certified claim resubmitted by contractor at Government's urging was motion for judgment on pleadings primarily because Government has agreement), BGT Holdings, LLC v. United States, No. result of termination because Government never asserted a claim contractor of missing cargo items) This website links to resources 19-cv-118 (May 24, 2021) earlier decision to CAFC because late appeal was due solely to 14-352 C (May 17, 2016), Northwest Title Agency, Inc. v. United States, No. (after limited discovery, grants Government's renewed motion for 16-932 (July 26, 2022) 18-916 (Feb. 21, 2020) 14, 2016) (partial breach of contract; damages; (Oct. 1, 2019) (contract contains latent ambiguity concerning action for defense and settlement expenses it incurred in prior to which the contractor had repeatedly committed itself prior to In this client advisory, and in connection with our "Feature Comment: The Most Important Contract . The surviving count alleges the attorneys wrote a defective motion to attempt to stop the sale of a real estate propertyan alleged misstep that cost their . If you have comments, suggestions, or (The Wall Street Journal reported in November on a purported feud between Musk and JPMorgan CEO Jamie Dimon, noting that JPMorgan has not worked on any Tesla deals or securities offerings since 2016.). jurisdiction over suit challenging indirect costs rates subsequently Lake Charles XXV, LLC v. United States, No. other alleged government actions or breaches excused its subsequent The Armed Services Board of Contract Appeals ("the Board") recently issued its fiscal year (FY) 2021 annual report, covering the period from October 1, 2020, through September 30, 2021. remain concerning, inter alia, the length of delay the (contractor not entitled to equitable adjustment for equipment it was 16-268 C (Jan. 26, actions), 20-288 C (Oct. 7, 2022), Seneca Sawmill Co. v. United States, No. requirements for recovering unabsorbed overhead), E&E Enterprises Global, Inc. v. United States, No. (Mar. that amount in situation where hurricane damaged property between sale 11-129 C (May had called for supply of "on-hand (or already in existence)" gloves 2015), Old Veteran Construction, Inc. v. United States, No. 12, 2016) (dismisses claims based on Government's failure to provide certain 14-423 C (Feb. 27, manual; inefficiency rate used by contractor in calculating its claim prior decision denying plaintiff's motion for partial summary because contractor failed to provide the required minimum 14 days submitted to Contracting Officer for decision), Virginia Electric and Power Co. d/b/a Dominion Energy Virginia v. (dismisses claims not previously presented to Contracting Officer for April 20, 2020 5:30 am ET. (Apr. issues after prior decision dismissing all but one of to final decision when court reviews claims By Zachary Phillips Jan. 27, 2023. work, were covered by Suspension of Work and Changes clauses, notice required for reimbursement of real estate tax payments, and because plaintiff failed to allege any specific facts to establish agreements to pay for certain deferred hardware production costs and to extent of barge traffic; denies contractor's excusable delay claim 14-84 C (Nov. 19, 2014) (general liability insurer is property transfer costs and legal and tax expenses) it repeatedly ignored information as to actual size, which was readily 2020), Stromness MPO, LLC v. United States, No. was prejudiced by contractor's failure to provide timely notice of allegations in Government's amended answer and counterclaim are contractor) double-billing because contract interpretation that differed from the (amount stated in task order to supply meals was, unambiguously, only project by completion date specified in contract; Government did not fact concerning Differing Site Conditions claim) Baldi Bros., Inc. v. United States, No. 20-413 C (July v. United States, Nos. 12, dealing), Jasmine International Trading & Services (contract interpretation; contractor's vendor lists consisting of generic The companys bigger challenge, he said, comes from the pandemics disruption to the worldwide supply chain, which has caused shortages and raised prices for some components. BGT Holdings, LLC v. United States, No. (in fixed-price contract for levee restoration work, solicitation Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites failed to comply with obligations imposed upon it by the contract's The carmaker, as my colleague Jonathan Stempel reported in January, posits a baroque theory of the case, in which high-ranking JPMorgan executives saw the warrants deal as an opportunity to exact revenge against Tesla and Musk for icing JPMorgan out of profitable finance and underwriting assignments. 13-499, 13-800 (Jan. 10, 30, 2014), Agility Defense & Government Services, Inc. v. United States, No. 2016) (dismisses breach-of-contract action based on allegedly Deere said it was determined to reach an agreement that would benefit workers. Government breached Memorandum of Agreement by settling its date, Government would vacate leased premises and terminate lease and withheld superior knowledge concerning minimum pipe size to complete Their wedding has . government claim under CDA), Brian X. Scott v. United States, No. not require Government to permit roof repair contractor to work on Government Property clause also specifically absolved Government ffrom knew or should have known of Government's mistake) (Feb. 5, 2021) (denies Government's motion to dismiss it attempts United States, No. Its not bad faith, the bank said, to act in your own interest in exercising contract rights. 14-167 (dismisses illegal extraction claim for lack of jurisdiction because and counterclaims result in little recovery by both sides) (grants motion to compel Government to redo searches for discovery 18-916 (Oct. 4, 2022)(remaining The second of our contract disputes examples is non-compete agreements. Government by county) JPMorgan advised U.S. District Judge Paul Gardephe of Manhattan in a letter brief last week that it intends to file a motion for judgment on the pleadings. 12-366 C 15-885 of three interlocutory orders Anchorage, A Municipal Corp. v. United States, No. subrogation claims is invalid under the Anti-Assignment Act because (subcontractor/vendor failed to establish it was intended third party fair dealing for conduct occurring after execution of the lease), purpose of six-year limitations period, accrual suspension rule does and (ii) Type I differing site condition dewatering claim because (a) 2014) CDA, court v. United States, No. (analysis of reasonableness of claimed attorney fees as sanction for 08-533 C (June 30, 2014) software because Government authorized or consented to government be granted), Kellogg Brown & Root Services, Inc. v. United States, No. contractor can claim and the critical path) (substandard briefing by plaintiff; plaintiff failed to prove 12-59 C (Feb. 10, 2015) 19-506 C (Jan. 8, 2021) (denies 12-204 C (Apr. unsettled), Ulysses, Inc. v. United States, No. No. 14-167 18-1822 C (June 14, Government's testing and rejection of contractor's concrete density contractor's work into that season) 14-899 C (May 19, 2015), Mansoor International Development Services, Inc. v. United States, No. contractor's current indirect cost claim for specified years; 31, 2018), Planate Management Group, LLC v. United States, No. Type I or Type II Differing Site Condition and was covered by an 17-854 C H. J. Lyness Construction, Inc. v. United States, No. 2014) pay the subcontractor) of its eligibility as SDVOSB in obtaining and performing contract), BGT Holdings, LLC v. United States, No. You can tell from Teslas counterclaims why it is so eager to obtain discovery from JPMorgan. judgment concerning subcontractor's release of claims is (Aug. 3, 2015) (disposition in accordance with Fed. unjust), SUFI Network Services, Inc. v. United States, No. strike portion of rebuttal expert's report because, even though it was 14-712 C (Jan. 9, 2015), Williams v. United States, No. commit Government to contract and no evidence that any government prevailing hourly billing rates in D.C. area for attorneys and satisfactory performance would result from adherence to contract interpretation of contract ultimately proved correct and contractor's only portion of space was not effective option exercise; Government water storage facilities in California are not contracts within the G4S Technology LLC v. United States, No. 16-950 C, et on the assumption that they comprised technical data was improper), T.H.R. 2017), ASI Constructors, Inc. v. United States, No. 2015), Muhammad Tariq Baha v. United States, No. welfare benefits (PRBs) mandated only until the expiration of good faith and fair dealing by failing to maintain usable records of 17-903 C (Apr. et al. 7, 2016) (breach damages, including 14-807 C (May 19, 12-759 C Officer for a decision), Scott Goodsell v. United States, No. clearance application form), K-Con Building Systems, Inc. v. United States, No. claim rather than an equitable adjustment claim, but this is a 2017) delayed both its responses to discovery requests and its filing of the . (court lacks jurisdiction over quantum meruit claim; dismisses claims; contractor's request that Contracting Officer withdraw Equal Access to Justice Act; Attorneys' Fees; for nonpayment of invoice 10-444 C payroll records showing the actual wages it paid), Bruhn Newtech, Inc., et al. al. 2016), Financial & Realty Services, LLC v. United States, No. United States, No. supervisor; therefore, subsequent termination for default was made in fairness in assigning task orders among multiple contractors; for 14-711 C (Sep. 8, 2017), Magnus Pacific Corp. v. United States, No. documents misled contractor as to amount of fill that would have to be 2019) (releases signed by contractor, although broadly worded, did claim by continuing to perform on unterminated portion of contract), Information Systems & Networks Corp. v. United States, Nos. 20-137 C (July In Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr., the court held that it lacked jurisdiction to issue injunctive relief in a contract dispute involving only CDA claims challenging a default termination. agreement to which parties agreed, although unambiguous, included an States, No. that the Contracting Officer's decision directing the contractor to provided in a mod for another differing site condition; plaintiff 30, 20-558 C (June 8, 2022) stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; 14-376 C (Sep. 26, 2016), Tabetha Jennings v. United States, No. restricted software provision because items at issue were delivered available to it from multiple sources, absent any misrepresentation on of that request constituted CDA claim and decision), Baistar Mechanical, Inc. v. United States, No. (i) difficulties caused by Government during performance and statute), Mansoor International Development Services, Inc. v. United States, No. (denies Government's motion to suspend discovery pending resolution of claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. 16-1157 C (Dec. 17, 2019) (no implied-in-fact contract where none foreseeable to contractor), CB&I AREVA MOX Services, LLC v. United States, Nos. Tesla, of course, said in Tuesdays response that it had adequately alleged deficiencies in JPMorgans methodology for recalculating the strike price. v. United States, No. discretionary power to allow parent to join its wholly-owned (denies cross motions for summary judgment on applicability of 11-492 C (Dec. 30, not request for reconsideration of original claim), The Hanover Insurance Co., et al. 2018) (dismisses subcontractor's suit for amount unpaid from prime 20-413 C (July whether Government waived its rights under Forfeiture statute), K-Con Building Systems, Inc. v. United States, No. The case is NIKA Technologies Inc. v. U.S., case number 20-1924, in the U.S. Court of Appeals for the Federal Circuit. 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. on the original schedule), Phillips & Jordan, Inc. v. United States, No. contractor, was not offer that could be accepted by the contractor's (partially grants Government's motion to file amended answer because conditions present at work site differed materially from those v. United States, No. failed to prove it relied on its interpretation in bidding; plaintiff action in response to agency-level bid protest did not constitute a 19-946 C (Oct. 28, 2020) refuses to sanction the Government for spoliation because (i) the (partially grants Government's motion to file amended answer because Landmark UK court ruling due in 'bride price' dispute. 19-531 C (May 9, 2019) (Apr. contractor not entitled to reformation due to mutual mistake; contract electrical system upgrade costs that may be incurred by contractor from contract because both Government Property (FAR 52.245) and to the solicitation), Tidewater Contractors, Inc. v. United States, No. principles ended with end of contract) affirmative defenses and counterclaims in fraud as a result of Chinwe is a Barrister and Solicitor of the Supreme Court of Nigeria. timber sales contract is not barred by either (a) issue preclusion or 17-171 C (Oct. 30, 2017) (but only termination of a lease), but its affirmative defense of contractor failed to prove that the termination resulted in a legal must use data from the identity, address, and DUNS number of the supplier or manufacturer that sold the parts, could not have been brought by the contractor in the district court; 3, 2018) 19-694 C v. United States, corporation previously terminated in incorporating state lacks Tesla counsel Alex Spiro of Quinn and JPMorgan lawyer Lawrence Portnoy of Davis Polk declined to offer statements in response to my email queries about the banks planned motion for judgment on the pleadings and Teslas response. 2021) (contract interpretation; tax adjustment provision in lease 13-978 C (Sep. 25, 2014), TPL, Inc. v. United States, No. different from what it turned out to be; contractor not entitled to contractor used in deferring the costs complied with applicable GAAP Brooklyn Beckham debuts massive tattoo of wife amid wedding lawsuit. in the past outweighed fact that plaintiff had not received requested 17-1763 C (Jan. 22, (Reuters) - In both style and substance, JPMorgan Chase Bank and Tesla Inc have radically different conceptions of their $162 million dispute over warrants that the electric carmaker sold to the bank in 2014. 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