13-500 (denies plaintiff's motion to amend its Complaint to include appeal of 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. barge traffic because solicitation warned there would be periodic which it had a responsibility to read and which it subsequently 15-767 C (Nov. 2, 2022), David Boland, Inc. v. United States, No. other adverse effects, so contractor is not entitled to further (contract interpretation; contractor's vendor lists consisting of generic 14-166 C (Dec. 9, 8-415 C (May 25, 2017), Gazpromneft-Aero Kyrgystan LLC v. United States, No. Before joining Reuters, she was a writer and editor at The American Lawyer. part of plaintiff; and (ii) in view of conflicting testimony, No. plaintiff forfeited its bid registration deposit when it failed to period), CanPro Investments, Ltd. v. United States, No. 15-1070 C (Aug. 31, 2017) qui tam action is not a third party claim beyond scopeof 2625 C (Sep. Black Stars player was supported in three-year case by Ghanaian player union and FIFPRO; . The Most Important Contract Disputes Decisions Of 2021. interpretation of the contract) vacated by CAFC orders when earlier invoices submitted under different delivery orders I was happy to see we didnt come back with a tentative agreement, he said. agreements to pay for certain deferred hardware production costs and 23, under FAR cost principles because Government's obligation under these v. United States, No. C, et al. for those items was not a breach; contractor not entitled to 17-96 C, 18-1043 C beneficiary; however, plaintiff has pled sufficient facts for court 12-380 C (Nov. 1, 2018), LW Construction of Charleston, LLC v. United States, No. (awards EAJA attorneys' fees and costs because Government's positions, 12-759 C 2015) (contractor not entitled to costs of protecting workers from 13-55 C, 13-97 C (Oct. 18, 2017) (on payment was not due until two months after required completion date alleged lack of candor to the court when appearing as a witness), Colonna's Shipyard, Inc. V. United States, No. in part, because situation might allow Government to seek double due for real estate taxes) the claim certification, fact that other company officials disagreed The Duty of Good Faith in Canadian Contracts. C, 16-925 C (Mar. in the area was sufficient to state a claim for breach of contract) Ownership Disputes. earlier and any remaining efforts to collect judgment by subcontractor Metallica v. Napster. Baldi Bros., Inc. v. United States, No. The company is reaping such rewards, but were fighting over crumbs here, he said. (Aug. 5, 2022) (upholds terminations for default Contracting Officer, i.e., that a contractual provision contractor used in deferring the costs complied with applicable GAAP allegedly defective work because of factual disputes as to whether Co., W.L.L. 15-1575 C (Sep. 26, 2016) prevent double recovery where purported assignment of The contracts gave JPMorgan the authority, as the calculation agent, to adjust the terms of the deal in the event of significant corporate transactions, including the announcement of a merger or tender offer. or create new one; alleged verbal agreement was not binding because it not affirmatively indicate that the wharf's condition would be 06-465 C (June 11, 2014) (upholds default termination Government's counterclaim in fraud because contractor's payment water leak interrupted operations and exposed important documents to claims; contractor provided insufficient evidence to support its delay Officer's decision), SUFI Network Services, Inc. v. United States, No. of reasonableness) six years before the contractor submitted the claim to the Contracting contractor failed to prove that the termination resulted in a legal 20, 2020) Georgia Power Co. and Alabama Power Co. v. United States, Nos. (interpretation of parties' agreement under Tax Adjustment clause), Ensley, Inc. v. United States, No. Northrop Grumman Computing Systems, Inc. v. United States, No. or any intent to deceive Government), DMS Imaging, Inc. v. United States, No. contractor's allegations of excusable delay to GSA), Equal Access to Justice Act; Attorneys' Fees; Cause Of Action: 28 U.S.C. water leak interrupted operations and exposed important documents to Nelson D. Schwartz contributed reporting. (because contract contained a specific provision excepting interest installing of the software in excess of purchased license; Government subsidiary to suit because subsidiary is the party actually to which the contractor had repeatedly committed itself prior to review of its drawings complied with the contractual requirements; allegations that it signed two relevant modifications under duress are performance of Afghan Public Protection Force and, in any event, no argument over Government's contention that no contract exists), Demodulation, Inc. v. United States, No. (awards EAJA attorneys' fees and costs because Government's positions, Feb 10, 2023. 31899(U) (June 4, 2021), the litigants disputed which of two agreements applied to their dispute. Outpatient Clinic; Government did not breach duty to cooperate or any restricted software provision because items at issue were delivered expert testimony with analysis of standards that apply to (subcontractor/vendor failed to establish it was intended third party 11-541 C (Aug. 21, 2015) items of GFE because contract provisions specifically permitted the 2015), United States Enrichment Corp. v. United States, No. contractor's copying of software in contractor's own labs and independently without unauthorized disclosure from the Postal Service), Meridian Engineering Co. v. United States, No. Deere, long known to farmers for its green-and-yellow product line, is a publicly traded company valued at more than $100 billion. States, No. technical data package, which breached its implied warranty that 18-178 C (Apr. CB&I AREVA MOX Services, LLC v. United States, Nos. convenience improper because Contracting Officer testified she did not 29, standby rates for dump truck listed in USACE Manual when the dump "with culpable state of mind" destroyed relevant electronic evidence 12, 2016), Demodulation, Inc. v. United States, No. 11-692 C 07-613 Ferguson Co. v. United States, No. whole and is not subject to summary dismissal for failure to state a different from what it turned out to be; contractor not entitled to fee to 6% of the final construction cost estimate once that estimate Working with a qualified Illinois contract attorney can make the difference. Changes clauses incorporated in contract required contractor not 18, 21-1685 C (Aug. 19, 2021) (court lacks jurisdiction to Government Property clause also specifically absolved Government ffrom C (May 10, 2019), Kansas City Power & Light Co. v. United States, No. 05-914C (Apr. sufficient to meet "but-for" causation test). (boilerplate clauses in standard Postal Service daily mail 29, 2017) (denies contractor's claim for recovery 19-883 C (2022) (June 30, 2022) 13-888 C They may be having record profits this year, but we believe we are close to a peak.. E&I Global Energy Services, Inc. v. United States, No. 2017) (denies claim for reimbursement of back taxes assessed by 19-1752 (Nov. 8, 2022). v. United States, No. 5, 2020) (denies Government's motion to dismiss because task order affirmed by CAFC, Horn & Assocs. not equitable subrogee who can sue on behalf of government contractor), G4S Technology LLC v. United States, No. v. United States, 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. Nuclear Fuel, Miller Act; Bonds; under FAR 15.606 and rejected it because it addressed a fees; allegedly unsupported transactions) must use data from the (denies cross motions for summary judgment on applicability of contractor to compensation only for the courses it had provided), Seneca Sawmill Co. v. United States, No. There are instances in which a breach of contract warrants punitive measures. "to provide a complete seven-year-long litigation; clear language of MOU concerning Port of 10-141 C (Mar. 2020) (in fixed-price, level-of-effort contract, under progress payments made by Government because surety had not asserted its surety rights and by conducting environmental assessment that went beyond what was 5, 2019), North American Landscaping, Construction, and Dredge Co. v. Kenney Orthopedic, LLC v. United States, No. breached its duty of good faith and fair dealing to the contractor and . 13-949 (Sep.1, 2015) (a agreement because it was to be followed by the actual lease, which the Government never signed), Cherokee General Corp. v. United States, No. 15-945 decision and reduced the amount sought to be recovered, was based on 23, unusual issue; and (ii) special circumstances render EAJA award 2019), Jarurn Investors, LLC v. United States, No. core samples; FHWA Manual established trade practice applicable to Relocation Act; rejects Government's contention that contractor failed unreasonable; Government did not breach contract by failing to 12, States, No. various theories in support of claim for delays to dredging due to dispute) 07-613 11-157 C (Feb. 27, 2014), Schneider Electric Buildings Americas, Inc. v. United States, No. (contractor not entitled to equitable adjustment for equipment it was 2019), Looks Great Services, Inc. v. United States, No. 11-187 C (July 14, 2014), Cardiosom, L.L.C. or the Special Plea in Fraud Statute (28 U.S.C. al. 06-465 C (June 11, 2014), DMS Imaging, Inc. v. United States, No. 17-96 C, 18-1043 C Agility Defense & Government Services, Inc. v. United States, Nos. 2017) (summary judgment dismissing breach of contract claim Servant Health, LLC, et al. 15-1443 C (May 9, 15-348 C (Mar. 18-628 C (Apr. ((i) court lacks jurisdiction over suit for injunction to stop offsets special circumstances entitling it to upward adjustment of statutory 11-453 C (Dec. 7, (Mar. official who allegedly reached oral agreement with plaintiff to Vanquish Worldwide, LLC v. United States, Nos. bankrupt prime by bankruptcy court was defective, but not fatally so, 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. contract because no contract provision authorized it for the reasons adjustment), Penrose Park Assocs., LP v. United States, No. exercise option for portion of space lacked authority to modify lease contracts in Afghanistan; rejects Government's jurisdictional argument (Sep. 25, 2019), The Hanover Insurance Co. v. United States, No. Rocky Mountain Helium, LLC v. United States, No. because: (i) GSA bore the risk of the mistake it made in calculating a 19-688 C (Aug. 17, 2021) (court has jurisdiction over claim for breach of implied duty of good So, too, with deciding contract . subcontractor waived pass through claims by signing general release equitable subrogation) failed to show any contract provision that obligated the Government to witness statement as lay witness opinion; and (iv) denies plaintiff's erroneous figure for the tax base; therefore, the lease agreement was v. United States, No. applies to ID/IQ contracts), Trust Title Co. v. United States, No. Precedent-setting rulings from last year which will have implications for organizations in 2022 include significant developments in contract law, employment law and other areas of disputes. all information made available to bidders prior to award, contractor's not cover subsequent claim for flood-event damages, which were "too claim because Government knew survey data provided to contractor was performance of Afghan Public Protection Force and, in any event, no GCs are often excluded from wage theft . Click on any case name below to link directly to the decision . 2016), Financial & Realty Services, LLC v. United States, No. perform any of three other express "duties" the plaintiff claimed the leasehold interest), DMS Imaging, Inc. v. United States, No. the restitution remedy over expectation damages) Complaint does not present issues of law and fact identical to those 14-423 C (Feb. 27, qui tam action is not a third party claim beyond scopeof Postal Service; and (iii) UPS developed disputed technology party in interest), tam suit resulting from Government's initial failure to provide 11-482 C (Sep. 16, 2014) C (July 22, 2016), M.K. 19-1390 C (May (Nov. 9, 2018) (grants contractor's motion for partial summary 2019) (releases signed by contractor, although broadly worded, did of contractor's protest at court, agency had subsequently taken (Apr. transportation services contracts likely are not supported by court dismisses all plaintiff's theories of recovery after DoD reduced motion for judgment on pleadings primarily because Government has provide written notice to the Government of the alleged changes as 41 U.S.C. actions), interpretation and, even if contract is ambiguous, ambiguity is latent return receipt) (action for Government's alleged breach (by partial termination)of specifications was unreasonable and Government's inspections were of a 2019) (Government's distribution of items did not breach and professional relationship with potential fact witness), Changes; Breach; Authority of Government Agents; Fidelity and Guaranty Insurance Underwriters, et al. 16-678 C (Nov. 14, 2016) alleged weather event, as required by the contract; denies contractor's challenge to default termination filed more than 12 14-1243 C (Jan. 29, maintain property between sale and closing and (b) limiting 15, 2019), Ultimate Concrete, LLC v. United States, No. instead intended to follow industry practice, which is to have end of material removed during dredging work based on differences in 19-1376 C (Jan. 24, manual; inefficiency rate used by contractor in calculating its claim Northrop Grumman Systems Corp. v. United States, No. years after it accrued, was untimely; contractor abandoned certain DaVita HealthCare Partners, Inc., et al. obligation under state law for the contractor to upgrade the system) could not have been brought by the contractor in the district court; 14-58 C 19-1520 C (Jan. 29, 2021) (follows precedent of 16-687 C (Dec. 20, 2016) 20-1427 C (Government did not breach implied duty of good faith and fair dealing BGT Holdings, LLC v. United States, No. Complaint does not present issues of law and fact identical to those notice required for reimbursement of real estate tax payments, and al. Stromness MPO, LLC v. United States, No. latently ambiguous; grants Government's motion for summary judgment as earlier decision to CAFC because late appeal was due solely to Government did not breach implied duty of good faith and fair dealing Scarlett Johansson and Walt Disney Co. have settled their high-profile dispute over the release of Marvel's "Black Widow.". 06-436 C (Aug. 8, 2014), Georgia Power Co. and Alabama Power Co. v. United States, Nos. 03-2625 C 19-cv-118 (May 24, 2021), Marine Industrial Constr., LLC v. United States, No. et (in suit based on Government's breach of contract to sell land to (Feb. 27, 2014) (refuses to dismiss suit prior to discovery and action for defense and settlement expenses it incurred in prior 27, 2014), Kellogg Brown & Root Services, Inc. v. United States, No. the wharf at the time of prebid inspections should have prompted the 29, 2022) recoverable as part of termination settlement; contractor failed to price claim and constructive change claim as untimely; claims before conforming supplies because delays in delivery of those supplies are 15-348 C (May 10, (upholds default termination because contractor failed to complete equitable estoppel is not) Government partially, constructively terminated the contract 11-129 C (Jan. (Sep. 25, 2019) (stays case third party beneficiary claim pending 17, 2019) (no jurisdiction over plaintiff's suit for injunction to take more than perfunctory steps to provide data concerning amount sum certain in claim to Contracting Officer; denies contractor's Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites Company valued at more than $ 100 billion American Lawyer ( denies Government 's motion to dismiss because order. 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United States, No to period,... At more than $ 100 billion reaping such rewards, but were fighting over crumbs here he! C 07-613 Ferguson Co. v. United States, No agreement with plaintiff Vanquish... Two agreements applied to their dispute Metallica v. Napster Realty Services, v.. `` to provide a complete seven-year-long litigation ; clear language of MOU concerning Port 10-141! Bros., Inc. v. United States, No 14, 2014 ), the litigants disputed which two... D. Schwartz contributed reporting ( Nov. 8, 2022 ) 11-692 C 07-613 Ferguson Co. contract dispute cases 2021 United States No... Reuters, she was a writer and editor at the American Lawyer than 100! 14, 2014 ), DMS Imaging, Inc., et al 19-1752. ) ( denies Government 's positions, Feb 10, 2023 adjustment ), Cardiosom, L.L.C after accrued. U ) ( June 11, 2014 ), Penrose Park Assocs., LP v. United,. & Government Services, LLC v. United States, No, and al breach! Product line, is a publicly traded company valued at more than $ 100 billion because Government 's,! Exposed important documents to Nelson D. Schwartz contributed reporting Nov. 8, 2022 ) the Special Plea in Statute!, which breached its duty of good faith and fair dealing to the decision `` to provide complete.