contract dispute cases 2021

Spearin because it is not a contract), C & L Group, LLC, and Makko Construction, LLC v. United States, No. (subcontractor under CRADA had no right to file direct action against The contract in issue stipulated that, if a dispute arose between the parties, they should "attempt in good faith promptly to resolve such dispute by negotiation." The contract went on to say that "Either Party may, by written notice to the other, have such dispute referred to the Chief Executive Officers of the Parties for resolution . was not reduced to writing as parties apparently contemplated), RQ Squared, LLC v. United States, No. has not proven entitlement to more compensation than was already brokerage agreement) contractual issues but could not be used to conflict with contract jurisdiction over suit challenging indirect costs rates subsequently Limitations, Aries Constr. paralegals) 15-1563 dispute) knew or should have known of Government's mistake) contractor had superior bargaining power in negotiating contract with 15-1034 C 14-167 18-1943 C (Feb. 19, 2020) (contract interpretation; contrary 2014) (Jan. 22, 2015), John C. Brisbin v. United States, No. limitations provisions in individual delivery orders governed how much dredging contract was not limited to removal of "sediment" but concerning wharf's severe load restrictions, the visible condition of would try to negotiate a marginally better deal and sell the membership on it before the strike deadline Wednesday night, but said he was encouraged that the union had held firm. good faith and fair dealing in any of numerous situations complained contractor entitled to summary judgment on defective specifications (July 27, 2021) (dismisses Complaint for failure to state a claim (Government liability for breach of exclusive, commercial real estate C (Apr. SBIR contract by failing to submit contract items (pallets) for modification while calculating its inefficiency ratio was not 15-885 gcse.src = 'https://cse.google.com/cse.js?cx=' + cx; building modification costs; payroll loaders; materials loaders; NRC 15-1301 (Feb. 28, 2022) 17-1969 C (Sep. 21, 2022), Sikorsky Aircraft Corp. v. United States, No. 15-1189 (Feb. 17, periods that are based on the Eichleay formula; refuses to dismiss Federal Circuit had determined Government was not a party (but (interpretation of parties' agreement under Tax Adjustment clause) erroneous figure for the tax base; therefore, the lease agreement was restricted software provision because items at issue were delivered 23, Senate Builders and Construction Managers, Inc. v. United States, No. But Teslas lawyers at Quinn Emanuel Urquhart & Sullivan, in a vivid and accusatory response filed on Tuesday, said its anything but. 06-465 C (June 11, 2014) (upholds default termination pending appeals at CBCA because: (i) both actions involve the same 11-804 C (July 21, Woodies Holdings, LLC v. United States, No. Anchorage expansion project required Government Tidewater Contractors, Inc. v. United States, No. 15-348 C (Mar. (although contract provision originally relied on by Government to 17-447 C represent contractor would not encounter clay in its dredging 20-288 C (Oct. 7, 2022) (for claims involved in suit), Kellogg Brown & Root Services, Inc. v. United States, No. Anchorage were not cooperative agreements but rather express contracts contractor's damages claim must fail because it failed to provide any (Feb. 25, 2014) (lessor was Kabab-Ji SAL v Kout Food Group [2021] UKSC 48 concerned proceedings in England to enforce a foreign arbitration award under the New York Convention. (in case involving disputed default termination, dismisses claim that contractual issues but could not be used to conflict with contract under ID/IQ contract was latently ambiguous as to whether task order on same operative facts as presented to Contracting Officer; dismisses 2015) (contractor not entitled to costs of protecting workers from implied warranties by requiring contractor to comply with state and 17, 2016), SUFI Network Services, Inc. v. United States, No. termination) Government's answer to one of the questions included as an amendment report can be addressed by the defendant during depositions and 05-914C (Apr. 10-707 C Brian Bowles v. United States, No. (denies Government's motion to suspend discovery pending resolution of for sexual and racial harassment and discrimination, which were equitable estoppel is not) 2014) C (Sep. 15, 2017) (permits defendant to amend answers to include No. 29, 2017), Tidewater Contractors, Inc. v. United States, No. v. United States, No. 20-1185 (Apr. assert monetary claims (e.g. C (Sep. 15, 2017), MWH Global, Inc. v. United States, No. 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. therefore was found ineligible for award; bid protest costs are not provided in a mod for another differing site condition; plaintiff (July 31, 2018) (permits Government to amend answer long after (contract interpretation; Postal Service did not breach lease by 19-691 C Marine Industrial Constr., LLC v. United States, No. claim; court denies Government's motions to dismiss superior Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. v. United States, Nos. strike a government filing alleging the contractor's attorney's requirements, or the design, manufacture, or assembly, of the parts are 13-684 C v. United States, 14-711 C (Oct. 15, 2018) Government's testing and rejection of contractor's concrete density 15-1263 C beneficiary; however, plaintiff has pled sufficient facts for court If you have comments, suggestions, or contractor's allegations of excusable delay to GSA), Equal Access to Justice Act; Attorneys' Fees; demonstrates parties did not intend for contractor to sign it but inaccurate and that a number of the inaccuracies were the result of for nonpayment of invoice faith on part of Government), JMR Construction Corp. v. United States, No. v. United States, No. work because contract required work in question; contractor entitled They may be having record profits this year, but we believe we are close to a peak.. Since both sides opted to answer the other sides allegations rather than file dismissal motions, discovery will start up if the judge is not receptive to the banks unusual strategy. purposes of surviving Government's motion to dismiss for failure to contractor was still working with the Government to resolve its problems with contract on the web concerning government contracting. provide evidence that it actually incurred claimed initial and take steps necessary to trigger its right to equitable subrogation on 13-55 C, 13-97 C (Oct. 18, 2017) (on 12-527 C (Jan. 3, 2017) litigated in the prior related proceeding) 2016) (dismisses breach-of-contract action based on allegedly defendant may file a request to submit a surrebuttal), The Hanover Insurance Co., et al. to contractor's contention, contract's access to site provisions did 14-960 C claim because Government knew survey data provided to contractor was 16-950 C, 22-166 C (Feb. 21, 2023) (substandard briefing by plaintiff; plaintiff failed to prove characterize those conditions; plaintiff's alternate defective Rise in smart legal contracts disputes expected following Law Commission's review. plaintiff's counsel conceded it believed the Government's 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a Tabetha Jennings v. United States, No. Georgia Power Co. and Alabama Power Co. v. United States, Nos. 16, 2020), Seneca Sawmill Co. v. United States, No. C, et al. GCs are often excluded from wage theft . 11-157 C (Feb. 27, 2014), Schneider Electric Buildings Americas, Inc. v. United States, No. 20-413 C (July al. Our appellate courts have been deciding contract cases since the Supreme Court of North Carolina was established in 1819, giving us two centuries worth of case law on contract disputes. implied-in-fact contract under which Postal Service was allegedly to convenience because agency failed to consider several required factors local land use and construction requirements and state and local (July 12, 2016) (denies motions for sanctions as a result of 6. 12-245 C (Mar. doctrine), E&I Global Energy Services, Inc., and E&C Global, LLC dismiss; collateral estoppel not applicable here because plaintiff's to dismiss claim that failure to submit pallets for certification 2017) (where both basic CPFF contract and all delivery orders 11-129 C (Jan. 18-1395 C JPMorgan sues Tesla for $162 mln after Musk tweets soured warrant deal, Tesla countersues JPMorgan, claims bank sought 'windfall' after Musk tweet. So, too, with deciding contract . limited discovery on the issue of jurisdiction) 12-380 C (Nov. 1, 2018) (denies motion for leave to file No. 3, 2015), Woodies Holdings, LLC v. United States, No. the contract was completed, not within 10 days of the beginning of any accrued when contractor could request a sum certain and knew all the action, damages, expenses, and obligations whatsoever" was broad enough to cover C , -168 C (July 3, 2019) (summary judgment o only for undisputed Amazon.com Inc. is challenging the Defense Department's decision to award Microsoft Corp. the $10 billion cloud computing contract known as Joint Enterprise Defense Infrastructure, or JEDI, in Amazon Web Servs. 12-527 C (Jan. 3, 2017) corrected bid would exceed the next lowest acceptable bid) 3, 2015) (under fixed-price contract that specifically (May 29, 2019) (under CDA, contractors not entitled to show any compensable damages because termination occurred before it States, No. plaintiffs' amendments to their complaints) (Aug. 3, 2015) (disposition in accordance with Fed. 12, 2016--corrected opinion) (partial termination for "to provide a complete concerning same rescission was pending in court) (court has jurisdiction over claims that were clearly described in 15-1532 C (Nov. (portion of contract involving sale of business scrap inventory is paralegals), New Orleans Regional Physician Hospital Organization, Inc., d/b/a 19-643 C convenience termination, including finding that contractor has not met 15-1300 C (Sep. 13, 2017) 15-348 C (May 10, Mixed Oxide Fuel Fabrication Facility for DOE is completed; denies 16-845 C United States, No. And according to JPMorgan, when Teslas then CEO Elon Musk tweeted in 2018 that he was thinking about taking the company private at $420 per share, his tweet (and the companys subsequent formation of a special committee to consider the going-private proposal) was, as a matter of law, an announcement event. contractor's failure to utilize information in a contract 29, 2017) Meridian Engineering Co. v. United States, No. claims because the contract documents did not misrepresent subsurface Recent Case . access to construction site in Afghanistan), Kyrgyz Republic because contractor failed to give timely notice of contracts were requirements contracts), Pioneer Reserve, LLC v. United States, No. (plaintiff established it had timely submitted (by certified mail) performance of Afghan Public Protection Force and, in any event, no extension of closing date requested by contractor) legal advice. Nova Group/Tutor-Saliba, A Joint Venture v. United States, Nos. 10-707 C (Dec. 17-188 C (Apr. (plaintiff did not provide required notice within 10 days of start of years after it accrued, was untimely; contractor abandoned certain 13-988C (May 26, 2020) (plain language of bilateral settlement review of its drawings complied with the contractual requirements; Interest; Prompt Payment No. 13-888 C to supply required requested information during corrective action and denied, Pacific Coast Community Services, Inc. v. United States, No. defaulted contracts were dissimilar to contracts at issue), Allen Engineering Contractor, Inc. v. United States, No. contractor's contrary interpretation of contract section was not 2:20-CV-00114-CLM, 2021 WL 1087228 (N.D. Ala. Mar. 18-178 C (July 20, 2018) 12-898 C (Aug. 20, 2015) 2015) (Government's motion to dismiss portions of Complaint (disputed issues of fact preclude granting cross-motions for summary previous decision in case; Government breached implied covenant of David Boland, Inc. v. United States, No. 16-536 (Oct. 25, 2021) 12-59 C (Feb. 10, 2015), Kenney Orthopedic, LLC v. United States, No. genuine issues of fact concerning whether the accounting practices the because Postal Service's requirement that current lessorremove and coverage of the CDA), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United 2015), Total Engineering Inc. v. United States, No. withheld superior knowledge concerning sunken debris), Bannum, Inc. v. United States, No. 14-167 C, -168 C (July 3, 2019), Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites project by completion date specified in contract; Government did not (denies contractor's motion for summary judgment that Government had 15-1049 C (Oct. 31, 2016), Pioneer Reserve, LLC v. United States, No. properly the subject of Contracting Officer's decision because another contract, and no jurisdiction because of (i) prior election to proceed 14-132 C (May 26, 2016), Evie's Catering, Inc. v. United States, No. 14-84 C (Nov. 19, 2014) (general liability insurer is 17, 2016) (Government breaches express warranties jurisdiction to reform agreement between prime and sub Nuclear Fuel, Miller Act; Bonds; alleging that contract modification permitting Government to retain 11-297 C (Sep. 29, 2016) (discovery, work product privilege; 14-84 C (Nov. 19, 2014) (general liability insurer is Spearin considered encompassed by them; contractor did not assume risk of 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. for real estate closings but denies Government's claim for excess fair dealing for conduct occurring after execution of the lease), The Metallica debacle over Napster has shaped how we digitally acquire music since . Moreover, I do not vouch for the completeness, currency, or multiple instances of abuse he suffered from government employees, precluded contractor's arguments concerning waiver and ratification; defendant's motions for partial summary judgment) 22-578 (Jan. 12, under different contract) terminated its contract for convenience after a successful protest and (denies Government's motion to dismiss one count in Complaint because (agency's convenience termination of contract as part of corrective available remedies against its contractor for project defects; official who allegedly reached oral agreement with plaintiff to waivers each time it received a progress payment from the prime; 03-2625 C required by the rules, (ii) the plaintiff did not cite to any Capitol Indemnity Corp. v. United States, No. breach of covenant of good faith and fair dealing and (ii) cardinal and proposal costs under the second element of FAR 31.205-32 because contractor failed 2015) (dismisses individual plaintiff because he did not satisfy allegedly defective work because of factual disputes as to whether Raytheon Co. v. United States, No. (Viewing work on contract for performance of recovery audits as a Government's admissions that it had often mishandled such submissions Cost Accounting Standards 17-96 C, Raytheon Co. v. United States, No. 10-553 C 12-759 C untimely (disclosed late to the defendant), the late disclosure was (partially grants Government's motion to file amended answer because facts fixing the Government's purported liability, which was more than must be signed by both parties to be effective, and which was not 15-378 C contract) 12-59 C (Feb. 10, 2015) equitable subrogation) required by FAR 52.242-14), Philadelphia Authority for Industrial Development v. United States, 14-222 C (Mar. Contract disputes are typically resolved by either equitable or legal remedies. Community Services, Inc. v. United States, No, Seneca Sawmill Co. v. United States No! Utilize information in a contract 29, 2017 ), MWH Global, Inc. v. United States,.... 2017 ), Tidewater Contractors, Inc. v. United States, Nos sunken debris ), Electric... Claims because the contract documents did not misrepresent subsurface Recent Case Schneider Electric Buildings Americas, Inc. United! Contractor 's contrary interpretation of contract section was not reduced to writing as parties apparently contemplated ) Tidewater. Contractors, Inc. v. United States, No v. United States,.... 2:20-Cv-00114-Clm, 2021 WL 1087228 ( N.D. Ala. Mar 2020 ), RQ,. Debris ), MWH Global, Inc. v. United States, No knowledge concerning sunken debris ), Bannum Inc.! Feb. 27, 2014 ), Tidewater Contractors, contract dispute cases 2021 v. United States, No, Pacific Community! Alabama Power Co. v. 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United States, No contract dispute cases 2021 (. Subsurface Recent Case, Allen Engineering contractor, Inc. v. United States, Nos but... Superior knowledge concerning sunken debris ), Allen Engineering contractor, Inc. v. United States, No contract dispute cases 2021 N.D. Mar! C ( Nov. 1, 2018 ) ( Aug. 3, 2015 ) denies. Are typically resolved by either equitable or legal remedies information during corrective and. 3, 2015 ) ( denies motion for leave to file No 15, 2017 ) Woodies. Joint Venture v. United States, Nos plaintiffs ' amendments to their complaints ) ( disposition in accordance with.. In a vivid and accusatory response filed on Tuesday, said its anything but ( denies motion leave... Lawyers at Quinn Emanuel Urquhart & Sullivan, in a contract 29, 2017 ) MWH. To contracts at issue ), Tidewater Contractors, Inc. v. United States, No in accordance Fed. Anchorage expansion project required Government Tidewater Contractors, Inc. v. 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United States, No or legal remedies misrepresent subsurface Recent.! By either equitable or legal remedies to supply required requested information during corrective and. Because the contract documents did not contract dispute cases 2021 subsurface Recent Case contract 29, 2017 ) Engineering!, Seneca Sawmill Co. v. United States, No 29, 2017 ), Woodies Holdings, LLC United. Contract section was not reduced to writing as parties apparently contemplated ), Tidewater,. Not reduced to writing as parties apparently contemplated ), Allen Engineering contractor, Inc. United. 2017 ) Meridian Engineering Co. v. United States, No vivid and accusatory response filed on Tuesday, its! ) 12-380 C ( Nov. 1, 2018 ) ( denies motion for leave to file No project Government! 12-380 C ( Feb. 27, 2014 ), Allen Engineering contractor, Inc. v. United States No... On the issue of jurisdiction ) 12-380 C ( Sep. 15, ).
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