Friday, July 30, 2021

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Appeal Not Untimely When Agency only Gave Contractor Correct Appeal Information Six Hours Before...

Motion to dismiss contractor’s appeal as untimely is denied. The government terminated a contract for cause. In the termination letter the government told the...

Government’s Withdrawal of Default Termination Doesn’t Moot Appeal Because the Withdrawal Was Not Unequivocal;...

Government’s motion to dismiss for lack of jurisdiction is denied. The government terminated a contract for default. The contractor appealed the termination. The parties...

Lease Amendments that Withheld Rent Due to Contractors Constituted Final Decisions on Government Claims;...

Appellants’ motions for summary judgment on the government’s claims are, for the most part, denied. The government determined it had improperly reimbursed the appellants for taxes due as part of a lease. As a result, the government withheld rent payments from the lessors as reimbursement. The lessors appealed to the CBCA and then moved for […]
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Agency’s Failure to Discuss Highly Salient Issue in the Case Undermines Its Motion for...

Government’s motion for summary judgment in appeal contesting a termination for cause is denied. The government alleged the contractor had failed to perform on...

Response to Summary Judgment Motion that Copied and Pasted Portions of Complaint Failed to...

Government’s motion for summary judgment in appeal contesting assessment of liquidated damages against the contractor is granted in part. In response to the government’s summary judgment motion, the contractor had simply copied portions of its complaint without explaining how those portions were relevant. The board found that this failed to raise an issue of disputed […]
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Government Not Liable for Ordering Less Work than Estimated; Meridian Global Consulting, LLC v....

Appeal seeking to recover difference between what the government estimated in a contract and what the government actually ordered is denied. The contractor alleged...

“So what’cha, what’cha, what’cha want?” ASBCA Dismisses Appeal Because Contractor Failed to Request a...

Appeal alleging that agency breached is dismissed. The claimant sent an email to the agency that contained the CDA’s language for a certified claim but did not request a sum certain. Indeed, the claimant did not request any sum until it filed an appeal with the ASBCA. The board found that without a sum certain […]
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Government’s Delay in Setting Cap on Executive Compensation Precludes It from Assessing Penalty for...

Contractor’s motion for summary judgment in appeal contesting penalty for expressly unallowable costs is granted. The government assessed a penalty against the contractor for...

ASBCA Compels Claimant to Produce Its Bid Preparation Materials; Appeal of Corinthian- WBCM, a...

Government’s motion to compel production of documents is granted. The contractor appealed change and differing site condition claims. The government moved to compel production...

Attachment of Claim to Bare-Bones Complaint Saves Appeals from Dismissal; Appeals of Halbert Construction...

Government’s motions to dismiss for failure to state a claim are denied. The contractor appealed claims from two contracts. The government argued that the...