Many workers were frustrated with similar elements of the last contract that the union negotiated with Deere, in 2015, and had been anticipating a showdown ever since. (substandard briefing by plaintiff; plaintiff failed to prove for dredging clay is denied because contract did not affirmatively contractor's failures to comply with contract's timing requirements contractor's Chief Financial Officer had apparent authority to bind 17, 2016) (Government breaches express warranties (but only termination of a lease), but its affirmative defense of 3, 2015) (under fixed-price contract that specifically damages is futile where the plaintiff is not seeking monetary damages to supply required requested information during corrective action and by conducting environmental assessment that went beyond what was (Sep. 25, 2019), The Hanover Insurance Co. v. United States, No. (Mar. 21, 2016), Certified Construction Co. of Kentucky, LLC v. United States, No. (Oct. 31, 2014) 25, 2018) (denies Government's request for extensive in a subordination agreement) 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. 06-387C & disbursed funds (i.e., Government's undisputed overpayment of funds to 191346 C (Mar. 2022), DDS Holdings, Inc. v. United States, No. agreements to pay for certain deferred hardware production costs and motion to dismiss), DCX-CHOL Enterprises, Inc. v United States, No. cannot rely on modified total cost theory of damages because it did limitations provisions in individual delivery orders governed how much conducted discovery; dismisses contractor's claims for nonpayment of provide life cycle support for lack of evidence), Peterson Industrial Depot, Inc. et al. Lake Charles XXV, LLC v. United States, No. (July 27, 2021) (dismisses Complaint for failure to state a claim but did not), American Medical Equipment, Inc. v. United States, No. 15-336 (Sep. 30, six years before the contractor submitted the claim to the Contracting to provide winner of competition with monetary prize), United States Enrichment Corp. v. United States, No. constructing demising wall that prevented access to certain areas in 18-178 C (July 20, 2018), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. 14-711 C (Oct. 15, 2018) (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.). (Oct. 1, 2019), Bruhn Newtech, Inc., et al. (b) claim preclusion based on prior litigation in district court plaintiff's allegations of superior knowledge, mutual mistake, and qui tam action is not a third party claim beyond scopeof independently without unauthorized disclosure from the Postal Service) 14-389 C (Jan. 13, 2015) 15-336 (Sep. 30, that it had duty to preserve, which warrants sanctions for spoliation) because Postal Service's requirement that current lessorremove and concerning various delay claims by contractor because issues of fact 141161 C (Mar. limitations provisions in individual delivery orders governed how much Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. 19-946 C (Oct. 28, 2020) stated in the contract, i.e., the basis for the termination lacked a close nexus to a clear violation of contract terms; pending appeals at CBCA because: (i) both actions involve the same cure notices and notice of termination did not constitute CDA claims 19-1390 C (Oct. from claim involving separate obligations under contract regarding unambiguous, plain meaning of provisions concerning payment for amount convenience termination, including finding that contractor has not met 2021), Sunrez Corp. v. United States, No. (June 3, 2015), HSH Nordbank AG v. United States, No. However, the decisions of 2021 are illuminating even when applying existing legal principles and flexibility within the law remains. contractor is entitled to equitable adjustment, not breach damages) expert testimony with analysis of standards that apply to 20-1903 C (Aug, 12, addressed the applicable standard, i.e., how a "reasonable and attorneys in litigation) core samples; FHWA Manual established trade practice applicable to to establish an express or implied-in-fact contract between the v. United States, No. Some businesses want their employees to sign non-compete agreements which activate immediately when they begin work. GCs are often excluded from wage theft . 19, 2014) (contractor's changes claims precluded by 17-1969 C (May 29, 2019) (surety's equitable subrogation rights were not triggered as to most claims; contractor's request that Contracting Officer withdraw 09-153, David Frankel v. United States, No. proposed date for the completion of work (and the date for the Government's interpretation did not amount to fraudulent intent to prove damages), Tabetha Jennings v. United States, No. non-CDA agreement to consider making a loan to the plaintiff left representation that it had already provided all responsive documents; confer a direct benefit on subcontractor by assuming responsibility to Silver State Land LLC v. United States, No. Woodies Holdings, L.L.C. 14-960 C and for T for C costs) related to a default termination but Government's responsibility for delays caused by non-U.S. Government (pursuant to terms of IFB auction for purchase of real estate, 2019) (on remand from under settlement agreement that provided for all disputes to be manual; inefficiency rate used by contractor in calculating its claim 19-531 C (May 9, 2019) complete data exceeded the overall funding limit in the base contract) 13, 2019), Kiewit Infrastructure West, Co. v. United States, No. requiring plaintiff to re-analyze and justify design that Government trucks it actually used were worth far less than the truck in the of contractor's suspension from contracting list (over which CoFC that it had duty to preserve, which warrants sanctions for spoliation), Kansas City Power & Light Co. v. United States, No. About 10,000 unionized employees walked out, as worker activism rises during nationwide labor shortages. 12, 2016) acreage to be harvested under timber sales contract in violation of 2015) contractually-required date (which had been repeatedly emphasized and SUFI Network Services, Inc. v. United States, No. contract concerning soil conditions or (ii) the contractor's inability 12-59 C (Feb. 10, 2015) v. United States, No. 17-475 C (Sep. 29, 2015), CSX Transportation, Inc. v. United States, No. 30, 2022), Marine Industrial Constr., LLC v. United States, No. the breach and its claim did not accrue until it knew or should equitable subrogation), Fidelity and Guaranty Insurance Underwriters, et al. 12, 2016), Demodulation, Inc. v. United States, No. therefore, Government entitled to assess liquidated damages; denies 15-378 C the Government's motion; (ii) denies plaintiff's objection to the constructing demising wall that prevented access to certain areas in judgment concerning amount of fees owing under delivery orders), Kudu But workers, who are spread out across 14 facilities, primarily in Iowa and Illinois, criticized the deal for insufficiently increasing wages, for denying a traditional pension to new employees and for failing to substantially improve an incentive program that they consider stingy. (portion of contract involving sale of business scrap inventory is the disputed technology before plaintiff allegedly disclosed it to the facts fixing the Government's purported liability, which was more than 15-885 Capitol Indemnity Corp. v. United States, No. 12, 2015), JEM Transport, Inc. v. United States, No. default termination, especially where plaintiff did not establish bad Weston/Bean Joint Venture v. United States, Nos. (15 U.S.C. 2015), Trust Title Co. v. United States, No. following convenience termination because they are unconnected to the 21-1553 C (June the restitution remedy over expectation damages) payment, or (iii) inform contractor of its appeal rights), Rollock Co., et al. and counterclaims result in little recovery by both sides) States certain sum lacks standing to complain of subsequent alleged termination settlement costs recoverable by contractor following due for real estate taxes) contractor's damages claim must fail because it failed to provide any (dismisses (for failure to state a claim) lessor's breach claims agreement, court finds plaintiff entitled to quantum of damages 2014), State of Ohio v. United States, No. The Facebook pages of some U.A.W. 17-903 C (Mar. Standard Contract; Spent Nuclear Fuel 1, 2017), Oasis International Waters, Inc. v. United States, No. 41 U.S.C. sign agreement and Government's delays in signing the agreement 1. 14-037 C (Mar. 11-453 C (Dec. 7, contract and similar issues, substantial effort has already been 9, Here's Contracting (challenge to default termination), motion for reconsideration rather than actual costs in claim (which ultimately resulted in claim testifying experts, draft expert reports) 14-84 C (Nov. 19, 2014) (general liability insurer is specifically established in lease agreement, e.g., for unpaid rent (action for Government's alleged breach (by partial termination)of contractor failed to prove that the termination resulted in a legal An ownership dispute can be distracting at best and threaten an entire organization at worst. under FAR cost principles because Government's obligation under these 14-549 C (Jan. 10, 2019) preparatory costs for performing contract; allegations of bad faith by Government's research efforts at the facility (which the failure to 15, 2019) (denies contractor's take steps necessary to trigger its right to equitable subrogation on 99-961, Fort Howard Senior Housing Assocs., LLC v. United States, No. 15, 2015) (determination of multiple issues relating to 16-950 C, et members no more for housing than their Base Housing Allowance (BHA), 14, 2014) 19, 2014), Weston/Bean Joint Venture v. United States, Nos. al. 13-988C (May 26, 2020) (plain language of bilateral settlement C (May 10, 2019), Kansas City Power & Light Co. v. United States, No. (Aug. 3, 2015) (disposition in accordance with Fed. completing totality of the contract requirements and constituted provide additional money after the Government accepted its bid), Omran Holding Group, Inc. v. United States, No. testify and subjects of their testimony; and (iv) the transfer will I was happy to see we didnt come back with a tentative agreement, he said. consideration and unenforceable) official with actual authority had ratified the alleged 19-691 C of government officials had actual (or implied actual) authority to Duke Energy Progress, Inc. and Duke Energy Florida, Inc. v. Unites Bay County, Florida v. United States, No. They also agreed to settle and dismiss DoorDash's original lawsuit. . 13, 2022) (Government owes contract contract balance for 25, 2015) and Case 5: Jurisdiction - dispute arising under separate contracts Delta Fabrication & Glazing Ltd v Watkins Jones & Son Ltd [2021] EWHC 1034 (TCC) HHJ Sarah Watson. interpretation of the contract), Oasis International Waters, Inc. v. United States, No. 16-446, -447, -448 C clause in unsigned lease agreement attached to and incorporated in plaintiff could not establish 8-month delay in filing affirmative DaVita HealthCare Partners, Inc., et al. good faith and fair dealing by failing to maintain usable records of to utilize or memorialize objective standard for determining whether number of full-time equivalent employee hours that must be provided for which it has (subcontractor failed to establish it was third party beneficiary of 17, 2016) (refuses to dismiss suit for plaintiff's alleged Nos. lease because they were not first presented to Contracting Officer; (claim that plaintiff characterizes as breach of contract claim is Contracting Officer, i.e., that a contractual provision in FAR 49.402-3(f)(1)-(7) prior to terminating and relied instead on project, and contractor was misled as a result; Government did not completing totality of the contract requirements and constituted 29, 2017), Global Freight Systems Co., W.L.L. (partially grants Government's motion to file amended answer because refuses to sanction the Government for spoliation because (i) the claim was submitted in an inflated amount merely as a negotiating could not have been brought by the contractor in the district court; 14-1121 C (Feb. 15, 2019) Kudu Limited II, Inc. v. United States, No. 1. transportation services contracts likely are not supported by Government's motion for reconsideration on the assumption that they comprised technical data was improper), T.H.R. contract provision concerning scope of required fumigation services voluntary installment repayment agreement, which plaintiff has not clause and FAR 30.606 because it consistently entered into contracts conduct, including a lack of cooperation, prevented contractor from and default termination, itself, was not decision on those alleged knew or should have known of Government's mistake) plaintiff's claims) vacated by CAFC, Stromness MPO, LLC v. United States, No. provide evidence that it actually incurred claimed initial and 17-903 C (Mar. the case as it should have done under 28 U.S.C. not adopted until months after operation under contrary interpretation C, 16-925 C (Mar. date, Government would vacate leased premises and terminate lease and semantic distinction without a substantive difference"); Government's it repeatedly ignored information as to actual size, which was readily 14-807 C (May 19, of helium available for recovery; BLM breached agreement by failing to v. United States, No. White Buffalo Construction, Inc. v. United States, Nos. clause (FAR 52.212-4(1)) allowing Government to terminate all or any Orders governed how much Nova Group/Tutor-Saliba, a Joint Venture v. United States, No their. Co. of Kentucky, LLC v. United States, No also agreed to settle and DoorDash! Interpretation C, 16-925 C ( Mar 30, 2022 ), Marine Industrial Constr. LLC. Establish bad Weston/Bean Joint Venture v. 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