Wednesday, April 14, 2021

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Federal Circuit Smells What COFC Was Cooking and Approves, Holds that Army’s Refusal to...

COFC decision finding that Army did not breach a trademark license agreement is affirmed. The contractor had an agreement with the Army that allowed...

Federal Circuit Holds that Final Decision on a Government Claim Need Not State a...

Appeal of a COFC decision dismissing a contractor’s appeal of a government claim is affirmed. The government sent correspondence demanding that the contractor relinquish...

It’s In There Somewhere: ASBCA Finds that Contractor Made Demand for a Sum Certain...

Government’s motion to dismiss appeal for lack of jurisdiction is denied. The government argued that the contractor had not made valid claim because its claim failed to include a written demand for a sum certain. But the board found that a supplemental breakdown of costs that the contractor had submitted to the agency constituted a […]
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Contractor Not Liable for Prefabrication Costs of Government Furnished Property; Appeal of General Dynamics...

Contractor’s appeal of a denied request for equitable adjustment is granted. Shortly after award, the government modified the contract to require the contractor to provide what had previously been government furnished material. The government provided the contractor with funds to purchase the materials. But the contractor asked the government for anequitable adjustment to cover the […]
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Agency Argued ASBCA Lacked Jurisdiction Because the Agency Hadn’t Issued Final Decision, But Agency’s...

Agency’s motion to dismiss for lack of jurisdiction is denied. The agency argued the board lacked jurisdiction because the agency had not yet issued a final decision on the contractor’s claims. The contract was not governed by the Contract Disputes Act, so the normal rules regarding issuance of final decision did not apply. Nevertheless, the […]
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Government Can’t Dismiss Untimely Appeal of Default Termination Because Agency Failed to Provide Notice...

Government’s motion to dismiss appeal of a default termination for lack of jurisdiction is denied. The government argued that under the CDA, a contractor must appeal a termination to the board within 90 days. Here, the contractor had waited several years to appeal. The board, however, found that the termination notice had not included any […]
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Dissolved Corporation Lacks Capacity to Contract with Government; Hudson General Contractor, Inc. v. Department...

Government’s motion for summary judgment asserting lack of capacity to contract is granted. The contractor had appealed the termination of its contract. While the appeal was pending the government learned that the contractor was not a viable corporation; it had been administratively terminated by the state Virginia and later dissolved before it ever entered the […]
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CBCA Can’t Tell Whether Parties Had Meeting of the Minds, Denies Government’s Motion for...

Government’s motion for summary judgment on contractor’s claim for back rent is denied. The contractor alleged the government owed back rent under an amendment to a lease agreement. The government argued that the amendment was unenforceable due to a lack of consideration and no meeting of the minds. The board found that there were issues […]
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The Thrill is Gone: ASBCA Dismisses Appeal Due to Ennui; Appeal of Network Global...

Appeal challenging an agency decision is dismissed for a failure to prosecute. After the appeal was filed, the government moved for multiple extensions, which were never opposed. The contractor then failed to respond to a motion to stay. The board ordered the parties to file a status report, but the contractor’s counsel informed the court […]
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ASBCA Denies Claim Premised on a Reading of the Film “The Magnificent Seven”; Appeals...

Claim challenging a termination for default and seeking delay damages is denied. The contractor claimed that it was entitled to an extension of the...