Tuesday, September 29, 2020

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Contractor’s Attempt to Negotiate Claim Does Not Toll Statute of Limitations; Pegasus Enterprises, LP...

Contractor’s appeal for utilities costs arising out of a lease with the government is denied in part and grated in part. The board found...

Outbreak of Infectious Spores Results in Constructive Change to Custodial Contract; Valerie Lewis Janitorial...

Claims for costs arising out a custodial contract is granted in part and denied in part. The contractor had a contract to clean a...

Decision to Not Attend Site Visit Dooms Claim for Extra-Contractual Work; Appeals of Linda...

Claim seeking recovery for extra-contractual work is denied. The contract had a site investigation clause, which stated that failure to visit the site would not relieve the contractor of the responsibility to properly estimate the work. Here, the contractor declined to attend a site visit and thus could not recover the cost of the additional […]
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Agency Unable to Prove that Contractor’s Representative Was Not Real Party in Interest; CBCA...

Government’s motion to dismiss appeal is denied. The government argued that a representative appearing on behalf of the contractor was not the real party in interest and thus the board lacked jurisdiction over the appeal. The board noted that under its rules, a corporation’s officer may appear before the CBCA on behalf of the company. […]
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COFC Decision Did Not Preclude, Under Doctrine of Res Judicata, a Related Claim Before...

Government’s motion for summary judgment alleging that appeal is barred by doctrine of res judicata is denied. The government alleged that a COFC decision...

Termination for Convenience Does Not Preclude the Government from Terminating Another Contract with the...

Contractor’s motion for summary judgment on its appeal of a termination for default is denied. The contractor argued that because at least one of its contracts had been terminated for convenience, then other substantively similar contracts, which had been terminated for default, should also be terminated for convenience. CBCA disagreed, opining that the termination of […]
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ASBCA Divines Contract Terms From a Bunch of Conflicting Documents, Sustains Contractor’s Appeals; Appeals...

Contractor’s appeal of its own denied claim and of an agency claim for repayment is sustained. The parties had a contract for the creation of a Standard Operating Procedures manual. The contractor asserted a claim for an unpaid invoice. The agency refused to pay the involve, alleging the contractor provided a shoddy manual. The agency […]
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Government Not Liable for Delays Caused By Protesters in South Korea; Appeal of Korea...

Claim alleging that the government breached an equipment lease is denied. The contractor leased equipment to the government . The contractor was obligated to...

CBCA Lacks Jurisdiction Over Dispute Concerning Government Option to Purchase Real Property: U.S. Overseas...

Appeal of a termination for default is dismissed for lack of subject matter jurisdiction. Under the Contract Disputes Act, the CBCA does not have jurisdiction over appeals involving the conveyance of real property. The contract at issue was a construction and lease contract that gave the government the option to purchase real property. Although the […]
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Parties’ Course of Dealing Negates Agency’s Interpretation of Contract; Appeal of Fluor Federal Solutions,...

Appeal of contractor’s claim is granted where the agency’s interpretation of the contract was untenable. The parties disputed whether the contractor was required to provide 24/7 staffing at a water treatment plant. The agency had said nothing about 24/7 staffing in response to questions from offerors, and the contract itself did not explicitly require round […]
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