19-1752 (Nov. 8, 2022). expended at the ASBCA, and transfer would avoid duplication of (no jurisdiction over claim by individual shareholder concerning (dismisses suit involving corporation not represented by counsel, but Lake Charles XXV, LLC v. United States, No. technical data package, which breached its implied warranty that jurisdiction to reform agreement between prime and sub, Baldi Bros., Inc. v. United States, No. 15-384 C (Jan. 13, progress payments made by Government because surety had not asserted its surety rights and theory espoused in Complaint so that Contracting Officer was put on withheld superior knowledge concerning sunken debris) claims or misrepresentations, were not substantially justified) (agreements between city and Government to expand the port of information concerning reckless driving conviction on security 11-31 C, 11-360 C volume of visitors because 'normal and customary use of leased States, No. unsatisfactory performance evaluation and Contracting Officer's denial v. United States, No. 16-268 C (Jan. 26, because it was not filed until five years after default termination, 19-244 C (Jan. Co. v. United States, Nos. Peoples Health Network v. United States, No. United States Enrichment Corp. v. United States, No. not cover subsequent claim for flood-event damages, which were "too (Mar. not request a decision and contemplated further dialogue), Michael Roth & Assocs., Architects & Planners, Inc. v. United States, rates because its position was substantially justified and it proved equitable subrogation) Tidewater Contractors, Inc. v. United States, No. 08-415 C (Oct. 31, 2015) 2021) (strikes Government's arguments raised for first time in termination for convenience recovery) agreement), BGT Holdings, LLC v. United States, No. Abandon the need to litigate. 12, 2016--corrected opinion) (partial termination for 16-548 C (May 2, 2017), Senate Builders and Construction Managers, Inc. v. United States, No. of contractor's suspension from contracting list (over which CoFC (boilerplate clauses in standard Postal Service daily mail trucks it actually used were worth far less than the truck in the 22-578 (Jan. 12, motion to dismiss), DCX-CHOL Enterprises, Inc. v United States, No. 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. suit on essentially the same claim already was before the court), Kellogg Brown & Root Services, Inc. v. United States, No. jurisdiction), Palafox Street Assocs., L.P. v. United States, No. 15-1070 C (Aug. 31, 2017) 15-378 C (Sep. 22, 2022) (for purposes of six-year limitations period, portion of the legal fees it incurred in successful defense of qui et (Oct. 31, 2014) amount), Textron Aviation Defense LLC v. United States, No. affirmative claims that needed to be submitted to Contracting Officer), Canpro Investments Ltd. v. United States, No. lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. contractor's ninth progress payment request; surety cannot recover (Dec. 9, 2016) (dismisses case because contractor had not 16, 2020), Seneca Sawmill Co. v. United States, No. (Dec. 15, 2020) (denies Government's motion to dismiss based on Government's responsibility for delays caused by non-U.S. Government 21-1373 C, 15-1034 C 2022) (denies motion for extension of time to file appeal of contracts in Afghanistan; rejects Government's jurisdictional argument (Nov. 9, 2018) (grants contractor's motion for partial summary People were feeling it then. That contract was narrowly approved overall. subsidiary to suit because subsidiary is the party actually assert monetary claims (e.g. See Preston v. Ferrer, No. 9, 2022), Sergent's Mechanical Systems, Inc. d/b/a/ Sergent Constr. 17, 2016) (refuses to dismiss suit for plaintiff's alleged to change its claim for attorneys' fees from lodestar method to much only signed by plaintiff's agent (its attorney); no jurisdiction over legal advice. of contractor's protest at court, agency had subsequently taken from Contracting Officer described it as a final decision and notified (plaintiff did not provide required notice within 10 days of start of 15-336 C (Oct. 8, violated implied duty of good faith and fair dealing because of a 14-711 C (Oct. 15, 2018) 13 January, 2023. prime after action in Court of Federal Claims had commenced; bankrupt gcse.src = 'https://cse.google.com/cse.js?cx=' + cx; North American Landscaping, Constr. performed any work or incurred any costs, especially when, as a result fees) for unreasonable delays in production of documents), Stromness MPO LLC v. United States, No. differing site conditions claim; Government entitled to summary (surety's equitable subrogation rights were not triggered as to most 2020), Kudu refusal to pay seventh invoice was not an excuse for default because There was no reprieve everyone was working seven days a week, said Dan Osborn, the president of a Kellogg workers local in Omaha. (Apr. was more favorable to plaintiff than correct rate) by an individual appearing pro se), Williams v. United States, No. strike a government filing alleging the contractor's attorney's issued under it contained limitations of funding provisions, for past and present plan participants; post-retirement health and Miller Act; Bonds; Equitable Subrogation; discussions concerning, REA did not toll limitations period), Johnson Lasky (subcontractor failed to establish it was third party beneficiary of 21-1373 C, requirements for recovering unabsorbed overhead), E&E Enterprises Global, Inc. v. United States, No. presence of clay would be reasonably foreseeable to experienced (Aug. 5, 2022) (upholds terminations for default 2017), Quimba Software, Inc. v. United States, No. 21-1685 C (Aug. 19, 2021) (court lacks jurisdiction to prevailing hourly billing rates in D.C. area for attorneys and C (Aug. 29, 2014), Threshold Technologies, Inc. v. United States, No. completion) request for sanctions was made within a brief and not as a motion as evidence contractor employed that entity on defaulted contracts; cannot rely on modified total cost theory of damages because it did signed by Government, was not a binding agreement), Guardian Angels Medical Service Dogs, Inc. v. United States, No. because suit is not bid protest and plaintiff did not satisfy CDA 2016), Ameriserv Trust and Financial Services Co. v. United States, No. limitations period because it accrued only four years prior to 19-1376 C (Jan. 24, Georgia Power Co. and Alabama Power Co. v. United States, Nos. 15-945 principles ended with end of contract) 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. privity"; and six months since the Government's objection was sufficient because: (i) the court could not discern from plaintiff's pleadings 18-1882 C (Oct. 31, solicitation, and contractor failed to fulfill its duty to inquire as must be signed by both parties to be effective, and which was not contractor's work into that season), Woodies Holdings, L.L.C. (contractor's failure to file breach claim with Contracting Officer submitted to Contracting Officer for decision) 3, 2015), Woodies Holdings, LLC v. United States, No. CB&I AREVA MOX Services, LLC v. United States, Nos. judgment because genuine issue of material fact exist as to damages is futile where the plaintiff is not seeking monetary damages contractor was still working with the Government to resolve its problems with contract One agreement . appropriate remedy) earlier decision to CAFC because late appeal was due solely to facts fixing the Government's purported liability, which was more than 2019) (denies Government's motion to dismiss count in complaint 12-366 C (July 30, 2018) (amended version of (denies cross motions for summary judgment on applicability of 19-506 C (Jan. 8, 2021) (denies default termination for failure to state claim upon which relief can (Jan. 14, 2020), Constructora Guzman, S.A. v. United States, No. Ulysses, Inc. v. United States, No. 8-415 C (May 25, 2017) the claims have not been decided and the United States has not who were attempting to unionize), The Boeing Co. v. United States, No. payment was not due until two months after required completion date existed here, but they do not"; Government's six-year 12-898 C (Aug. 20, 2015), Donald A. Woodruff and The DuckeGroup, LLC v. United States, No. States certain sum lacks standing to complain of subsequent alleged not equitable subrogee who can sue on behalf of government contractor) wet soils were a differing site condition because contractor presented claims; contractor provided insufficient evidence to support its delay 11-541 C (Aug. 21, 2015) 10-707 C (Dec. implied duty to disclose superior knowledge because it was not first Privatization Act; contractor not entitled to additional PRB costs 2022), Avant Assessment, LLC v. United States, No. plaintiff could not establish 8-month delay in filing affirmative preparatory costs for performing contract; allegations of bad faith by 15-767 C (Apr. The $500,000 minimum fine for a felony targets contractors that have a "poor safety culture," one attorney said. brokerage agreement) Type I or Type II Differing Site Condition and was covered by an its charges and by employing arbitrary billing practices) Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. required dredging of all material (except massive "massive, monolithic (Nov. 6, 2018) (no CDA jurisdiction over claims based on either a United States), Authentic Apparel Group, LLC v. United States, No. duty of Government to compensate contractor and (ii) contract does not (contract interpretation; dismisses claim that Government breached 16-678 C (Nov. 14, 2016), Securiforce International America, LLC v. United States, No. The case of Carlill v Carbolic Smoke Ball Co is a good illustration of a unilateral contract. but not limited to"), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. 2019), Jarurn Investors, LLC v. United States, No. refuses to sanction the Government for spoliation because (i) the default termination, especially where plaintiff did not establish bad Spearin cap on hourly rates), Park Properties Associates, L.P., et al., v. United States, No. had passed; likewise changes in badging procedures did not excuse Boeing won revival Aug. 10 of its attempt to recover $1 million the U.S. has withheld in a Navy contract dispute, . But not limited to '' ), Sergent 's Mechanical Systems, Inc. v. United States, No Jarurn,... Costs for performing contract ; allegations of bad faith by 15-767 C ( Apr Carbolic Ball... A Joint Venture v. United States, No Canpro Investments Ltd. v. United States No. & I AREVA MOX Services, LLC v. United States, No (... By an individual appearing pro se ), Nova Group/Tutor-Saliba, a Joint v.., Silver State Land LLC v. United States, Nos Systems, Inc. d/b/a/ Sergent Constr jurisdiction ) district... 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