Wednesday, December 1, 2021

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COFC Castigates Department of Justice for Ignoring a Court Order and Violating the Duty...

The plaintiff sued the government in the COFC, asserting claims under a certain type of HUD contract. The government contended that claims under that...

Government Asserted Claims Arising From Contractor’s “Staggering Fraud,” But Contractor Bore the Burden of...

Government’s claims seeking reimbursement for overcharges are, for the most part, granted. The contractor had a contract to deliver food to troops in Afghanistan....

Contractor Unable to Recover Costs Caused by Ebola Virus Epidemic; Pernix Serka Joint Venture...

Claim for costs incurred as a result of an Ebola epidemic is denied. The contractor sought costs for shutting down a worksite and evacuating...

Government Not Required to Foot the Bill for Contractor’s Golden Parachute; Appeal of DynCorp...

Appeal of DCMA decision disallowing severance payments made to contractor’s CEO is denied. DCMA determined that the contractor had improperly recovered costs of severance...

Contract to Remove a Tree Once Owned by Teddy Roosevelt Did Not Give Contractor...

Contractor’s claims for injunctive relief and an unconstitutional taking are dismissed. The contractor had a contract to remove a tree that had belonged to...

Subcontractor Successfully Pleads that It’s a Third Party Beneficiary of Prime’s Contract with Government;...

Government’s motion to dismiss subcontractor’s suit for failure to state a claim is denied in part. A subcontractor sued the government claiming that it...

ASBCA Limns the Boundary Between an REA and Claim, Finds Contractor Can’t Implicitly Convert...

Government’s motion to dismiss appeal as untimely is denied. The contractor had submitted requests for equitable adjustment to the agency, which had been denied....

Bow to Your King: Government’s Sovereign Immunity Bars Recovery of Interest Contractor Paid on...

Claim for interest on funds contractor borrowed to continue performance is denied. The government delayed payment under the contract, so the contractor borrowed money...

ASBCA Finds Government Is on the Hook for Northrop Grumman’s Underfunded Pension Plan; Appeal...

Appeal of government decision denying liability for contractor’s underfunded pension plan is granted. The contractor had a pension plan, and it allocated the overhead...

Contracting Officer Lacked Authority to Incorporate Contractor’s Supplemental Terms and Conditions Into Contract; Appeal...

Contractor’s claim for breach is denied. The contractor claimed the government had breached terms and condition that the contracting officer had incorporated into the contract. The board, however, found that the terms and conditions were not binding because the contracting officer had incorporated them without receiving additional consideration from the contractor. Moreover, the board reasoned, […]
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