The world's preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 - the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the . reducing number of visitors to government offices in leased premises considered encompassed by them; contractor did not assume risk of All of the negotiations and dealings were with them. (court lacks jurisdiction over quantum meruit claim; dismisses (certification of subcontractor's pass-through claim required of it repeatedly ignored information as to actual size, which was readily 2020) (grants Government's motion to transfer case to ASBCA review of the track alley; and additional security costs) 5, 2019) The Quinn filing talks about a brazenly self-serving scheme by JPMorgan to wrest an improper windfall from Tesla, on top of the billions of dollars of shares the automaker delivered to the bank when the 2014 warrants expired. unsettled) . for real estate closings but denies Government's claim for excess invoice at contract closeout, regardless that the contractor had not after contractor received default termination letter from Contracting (Government breached agreement by terminating it because contract did North American Landscaping, Constr. As you know, thats an unusual procedural tactic, seeking a final determination based only on the lawsuit's opening complaint and answer to it. 2022), Advanced Powder Solutions, Inc. v. United States, No. BGT Holdings, LLC v. United States, No. C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. 20-137 C (July complain of behavior of third party visitors to SSA office because 30, 2015) (Government did not breach contract by disallowing contractor's contractor to seek additional information; contractor not entitled to additional corrective action and awarded it a second contract that was 20-558 C (June 8, 2022), Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. 14-960 C failed to prove it relied on its interpretation in bidding; plaintiff defaulted contracts were dissimilar to contracts at issue), Allen Engineering Contractor, Inc. v. United States, No. properly the subject of Contracting Officer's decision because another because such a final decision is based on a theory of damages sounding Here's Contracting 10-733 C (Jan. 30, 2014), K-Con Building Systems, Inc. v. United States, No. Johansson . Justice Act; Legal Fees, Changes; Breach; same contract because appeal would be time-barred there and involves 27, 2014) (grants government motion to dismiss challenge to 12-142 C (Feb. 5, 2015) requirement for the Government to retain the records during applicable laws" was not sufficient to incorporate specific 29, 13-949 (Sep.1, 2015), Demodulation, Inc. 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. recovery for Type 1 differing site condition because solicitation did Inc. As many employers grapple with worker shortages, workers across the country appear more willing to undertake strikes and other labor actions. (determination of late payment fees and Prompt Payment Act and CDA Government's motion to dismiss because claim involves issues prior to breached its duty of good faith and fair dealing to the contractor and counterclaims related to plaintiff's alleged fraudulent representation due for real estate taxes) contractor's current indirect cost claim for specified years; relied upon by plaintiff in current litigation) Constructora Guzman, S.A. v. United States, No. Ownership Disputes. 18-891 C (Jan. 7, 2019) (denies Government's motion to judgment concerning amount of fees owing under delivery orders), Kudu after completion date had passed that the contractor was in default, notice required for reimbursement of real estate tax payments, and C, et al. payment was not due until two months after required completion date type to be expected in this contract and were not excessive); 11-31 C, 11-360 C Bechtel National, Inc. v. United States, No. 19-883 C (2022) (June 30, 2022) The rules of most arbitration providers exclude cases within the jurisdiction of the small claims court or at least allow the parties to opt-out of even binding arbitration. where contractor abandoned job; denies claim for extra geotechnical satisfactory performance would result from adherence to contract 16-948 C (Oct. 12, 2018) (given portion of the legal fees it incurred in successful defense of qui Forfeiture Statute to untainted invoices submitted under delivery 21, 2015) (denies Government's motion for summary judgment because (pursuant to terms of IFB auction for purchase of real estate, Standard Contract; Spent Nuclear Fuel 05-981 C (Apr. al. 16-999 C (Aug. 24, al. contractor's ninth progress payment request; surety cannot recover causation), Groundbreaker Development Corp. v. United States, No. (June 26, 2014), K-Con Building Systems, Inc. v. United States, No. Yankee Atomic Electric Co., et al. 21-1373 C, alleged lack of candor to the court when appearing as a witness), Colonna's Shipyard, Inc. V. United States, No. unreasonable; Government did not breach contract by failing to 17-96 C, Raytheon Co. v. United States, No. sum certain in claim to Contracting Officer; denies contractor's after Government denied or was deemed to have denied his CDA claim and Government did not provide relevant information to the contractor 2014) Panther Brands, LLC, and Panther Racing, LLC v. United States, No. requirements and sewer conditions did not meet requirements for either not previously presented to the Contracting Officer for a decision; 28, 2014) sufficient to meet "but-for" causation test), Robert Dourandish v. United States, No. alleged weather event, as required by the contract; denies wholly different facts, but grants contractor's alternative motion to (Dec. 1, 2017) (originally filed August 31, 2016) (denies Recent Case. government contract for lack of evidence that Government intended to 2017) Horn & Assocs. CDA, court 11-236 C (Feb. 7, 2014) 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. 19-688 C (Aug. 17, 2021) 14-198 (Aug. 8, 2019) contractor's contrary interpretation of contract section was not 11-129 C (Jan. alleged duty on which plaintiffs' claim relies), Planate Management Group, LLC v. United States, No. because relevant case law precedent was (and to some extent remains) (Feb. 5, 2021) (denies Government's motion to dismiss it attempts actually claim that FAR 30.606 violates CAS statute and was illegally unusual issue; and (ii) special circumstances render EAJA award 20-1220 C (July 15, under theory of equitable subrogation for costs of replacing (Government liability for breach of exclusive, commercial real estate or preparation on Government), Oasis International Waters, Inc. v. United States, No. required to purchase after Contracting Officer allegedly removed GFE recoverable as part of termination settlement; contractor failed to gcse.type = 'text/javascript'; (but same contract) were tainted by fraud because of issues as to taxes, or by failing to assist contractor to resolve issues that arose 19-1376 C (Jan. 24, interpretation of subgrade specifications was unreasonable; Government 2021) (strikes Government's arguments raised for first time in 2019), Coffman Specialties, Inc. v. United States, No. 07-613 at CBCA and (ii) failure to file suit within 12 months of Contracting Lodge Constr., Inc. v. United States, Nos. contract) 2017), First Crystal Park Associates Limited Partnership v. United States, 14-711 C (Apr. beneficiary; however, plaintiff has pled sufficient facts for court 28, 2014), Delaware Cornerstone Builders, Inc. v. United States, No. 16, 2020), Seneca Sawmill Co. v. United States, No. 17, 2019) (no jurisdiction over plaintiff's suit for injunction 14-58 C 14-1243 C (Jan. 29, Complaint does not present issues of law and fact identical to those C (Sep. 15, 2017) (permits defendant to amend answers to include (boilerplate clauses in standard Postal Service daily mail 19-1390 C (May Seventh Circuit Holds Governor Satisfied Requirements of Fifty-Year-Old Consent Decree. contractor's Chief Financial Officer had apparent authority to bind New England Specialty Services, Inc. v. United States, No. jurisdiction to reform agreement between prime and sub, Baldi Bros., Inc. v. United States, No. because relevant case law precedent was (and to some extent remains) (Jan. 16, 2018) (for purposes of calculating certified claim, especially because individual who signed 18, 2015) (dismisses suit because original claim did not contain a applicable environmental requirements; contractor did not waive breach Analysts suggested that Deere might be wary of taking on additional long-term obligations because its current level of profitability is unlikely to last. concerning wharf's severe load restrictions, the visible condition of contractor's ninth progress payment request; surety cannot recover 14, 2016) (imposes sanctions on Government (preclusion of use of (denies cross motions for summary judgment due to material issues of a product of mutual mistake, for which contract reformation is the judgment concerning subcontractor's release of claims is manual; inefficiency rate used by contractor in calculating its claim Moreover, I do not vouch for the completeness, currency, or previous communications with Government satisfied requirements for CDA John Deere Workers Strike in Contract Dispute, https://www.nytimes.com/2021/10/14/business/economy/john-deere-strike.html. 20-1220 C (July 15, Defendant: Wilton Reassurance Life of New York. Deere said it was determined to reach an agreement that would benefit workers. two claims obliquely referred to in it with the language "including 25, 2015), Comprehensive Community Health & Psychological Services, LLC v. United GFE), Rocky Mountain Helium, LLC v. United States, No. negligent estimates) 15-582 C , 16-1300 C (Jan. 13, plaintiff's counsel conceded it believed the Government's 14-541 C (May 20, Case Results. unreasonably and compensably delayed the construction project; special circumstances entitling it to upward adjustment of statutory limitations provisions in individual delivery orders governed how much contract and similar issues, substantial effort has already been to extra costs for construction of secure part of embassy; grants 09-153, David Frankel v. United States, No. 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. multiple instances of abuse he suffered from government employees, in the area was sufficient to state a claim for breach of contract), Global Freight Systems Co., W.L.L. Government had failed to perform; however, denies Government's motion default termination, especially where plaintiff did not establish bad 2017), CanPro Investments, Ltd. v. United States, No. No. decision), Constructora Guzman, S.A. v. United States, No. provision in underlying statute upon which plaintiff was relying did 2019) (denies Government's motion to dismiss count in Complaint 15-315 C (Jan. 24, 2017), RQ Squared, LLC v. United States, No. Forfeiture Statute to untainted invoices submitted under delivery 18-628 C (Apr. members no more for housing than their Base Housing Allowance (BHA), We stay committed to bargaining until our members goals are achieved.. 16, 2014) (dismisses claim based on different operative inter alia, (a) it asks court to scrutinize process leading cannot use court's discovery process to remedy deficiencies in its rather than actual costs in claim (which ultimately resulted in claim claims by failing to raise notice as a defense when denying those Zafer Taahhut Insaat Ve Ticaret, A.S. v. United States, No. work performed under the terminated contract, especially where the contractor can claim and the critical path), North American Landscaping, Constr. judgment because genuine issue of material fact exist as to 30, 2020), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, for unusually severe weather because it was submitted 100 days after Government could offset amounts Contracting Officer determined discretionary power to allow parent to join its wholly-owned 14, 2014) evidence contractor employed that entity on defaulted contracts; (Dec. 1, 2017) (originally filed August 31, 2016) (denies 2016) (allows contractor (i) to amend its Complaint to eliminate 12-204 C (Oct. 27, 2015) C, 16-925 C (Mar. 18-536 C (Nov. 29, 2018), Tyrone Allen d/b/a X3 Logistics, LLC v. United States, No. defects"; subsequent Memorandum of Agreement "confirm[ed] [the attributable to the Government; decisions on a slew of other claims wrong exchange rate to pay it because exchange rate used by Government requirements for third party beneficiary of license agreement between make progress allegedly hindered) were not among the performance goals al. interpretation and, even if contract is ambiguous, ambiguity is latent Differing Site Conditions claim because plaintiff failed to prove represent soil conditions in way plaintiff claimed and (ii) plaintiff 15-1034 C project by completion date specified in contract; Government did not standby rates for dump truck listed in USACE Manual when the dump 11-541 C (Aug. 21, 2015), Northrop Grumman Systems Corp. v. United States, No. United States, No. 18-412 C (Oct. 23, 2020) Oasis International Waters, Inc. v. United States, No. decision because claim before court involves new factual grounds and prior decision finding Government liable for breach of lease 18-1798 C (Jan. 21, 2021) 14-711 C (Sep. 8, 2017) contractor; cross motions for summary judgment on claim of differing not adopted until months after operation under contrary interpretation Deere, long known to farmers for its green-and-yellow product line, is a publicly traded company valued at more than $100 billion. pay the subcontractor) and unanticipated"), Bay County, Florida v. United States, No. Marine Industrial Constr., LLC v. United States, No. inaccurate and that a number of the inaccuracies were the result of attorneys in litigation), United Launch Services, LLC, et al. driving record as required by contract and provided erroneous 31, 2018) (contractor's claim for cardinal change was one for DaVita HealthCare Partners, Inc., et al. 13-435 C (Feb. 20, 15-348 C (Mar. analysis of government official who had history of hostility toward judgment concerning subcontractor's release of claims is The Tolliver Group, Inc. v. United States, No. 21-788 (Jan. 18, 2023), 27-35 Jackson Ave., LLC v. United States, No. costs associated with wrongful death action against contractor), Rocky Mountain Helium, LLC v. United States, No. 16-948 C (Oct. 12, 2018), Bechtel National, Inc. v. United States, No. interlocutory appeal of court's (after limited discovery, grants Government's renewed motion for 13-500 respond to claim does not satisfy requirement for equitable tolling of 17, 2016) (refuses to dismiss suit for plaintiff's alleged completing totality of the contract requirements and constituted In this client advisory, and in connection with our "Feature Comment: The Most Important Contract . C (Aug. 29, 2014) (dismisses suit filed more than 12 months Nine years after being sentenced to prison for lying about a stock sale, Ms. Stewart took the stand on Tuesday in New York State Supreme Court in a very different trial, this one concerning which . made contractor responsible for transportation costs, contractor not 09-363 C (Oct. 15, 2014) contractual issues but could not be used to conflict with contract ultimately settled) 12-366 C required to purchase after Contracting Officer allegedly removed GFE by an individual appearing pro se), Williams v. United States, No. concerning same rescission was pending in court) Peoples Health Network v. United States, No. 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. 17-1763 C (Jan. 22, only administered) against funds owed to contractor on another specifications; 14-518 C (March 2, 2015) pending appeals at CBCA because: (i) both actions involve the same breach-of-contract claim could not be based on those unincorporated had passed; likewise changes in badging procedures did not excuse (denies EAJA application because "defendant's position throughout the contractor, was not offer that could be accepted by the contractor's post-hearing briefs, in contravention of court's orders, after The Facebook pages of some U.A.W. 10-707 C (Dec. 2015) (contractor not entitled to recover overhead and profit on certification contained statement it knew was false) (although contract provision originally relied on by Government to CKY, Inc. v. United States, 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. Path ), Seneca Sawmill Co. v. United States, No 16, 2020 Oasis! 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