Friday, May 7, 2021

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Government’s Liability for Holdover Period in Lease Is Based on Fair Market Value of...

Appeal of a claim seeking holdover rent from the government is granted in part. The contractor leased property to government. The government stayed in the property two years after the lease term ended. The contractor filed a claim seeking 150% of the base rent for the holdover period in which the government occupied the building. […]
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Claim, Which Contained a Disclaimer About Possible Duplicative Costs, Did Not State a Sum...

Appeal of claim for termination costs is dismissed for failing to state a sum certain. The contractor’s termination settlement proposal sought two types of costs: one for termination costs and one stemming from requests for equitable adjustment. The REA section of the claim contained an explanatory note stating that the REA costs may be duplicative […]
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CBCA Dismisses Appeal, Finding Claim was Precluded by Federal Circuit Decision Involving Virtually Identical...

Government’s motion to dismiss appeal for failure to state a claim is granted. The contractor managed properties for HUD. The contract required the contractor to inspect HUD-Owned properties and Custodial properties that HUD possessed but did not own. The contractor claimed that it was entitled to the same inspection fee for HUD-Owned and for Custodial […]
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“I Guess I Should Have Known, By the Way You Parked Your Car Sideways,...

Government’s motion for summary judgment on claim involving a valet parking contract is denied. The contractor alleged breach—i.e., that the agency was “the kinda person that believes in makin’ out once, love ‘em and leave ‘em fast.” The agency, moved for summary judgment, reasoning that “it was Saturday night so I guess that make it […]
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I’m a Lumberjack and I’m Okay: Agency’s Refusal to Extend Timber Sales Contract Not...

Appeal alleging that the government wrongly refused extension of a timber sales contract and improperly assessed damages against the contractor is denied. The contractor alleged the government breached the duty of good faith and fair by denying the contractor’s request to use alternate logging methods. The board found the agency’s denial reasonable. The contractor alleged […]
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ASBCA Refuses to Draw Adverse Inference from Agency’s Alleged Spoliation of Evidence; Appeals of...

Motion seeking sanctions for spoliation of evidence is denied. The contractor alleged the government had destroyed evidence, and it asked the board to draw...

Contractor Can’t Recover the Costs of Licenses It Purchased for Unexercised Option Periods; Mircotechnologies...

Appeal seeking termination for convenience costs is denied. Following the end of the contract’s base year, the government exercised an option period. But within hours of exercising the option, the government terminated the option stating that it exercised it in error. The contractor claimed that it was entitled to the costs of software licenses that […]
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ASBCA Rules that Patency or Latency of Ambiguity Does Not Depend Solely on Cost;...

Appeals arising out contractor’s claims for costs for electrical work on a satellite communications center are denied. The contractor alleged that it had been required to install circuit breakers that should have been provided by the government. The board found that the contractor had misinterpreted the specifications. The contractor alleged that the specifications concerning the […]
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Contractor Undermines Its Claim with Multiple, Conflicting Expert Reports; SRM Group, Inc. v. Department...

Appeal seeking costs incurred as a result of a contract modification is denied. On appeal, the contractor submitted five different expert reports, each of...

ASBCA Declines to Dismiss Appeal, Finds It Can Resolve Case Without Making Factual Determinations...

Government’s motion to dismiss appeal for lack of jurisdiction is denied. The government alleged that the contractor had submitted false claims and that the resolution of the appeal of would require the board to make factual determinations concerning fraud. The board noted that while it does not possess jurisdiction to make factual determinations of fraud, […]
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