Wednesday, April 14, 2021

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Ceci N’est pas une Pipe: Agency Attempts to Argue that Document Labeled as “Final...

Government’s motion to dismiss claim for lack of jurisdiction is denied. The government argued that the court lacked jurisdiction under the Contract Disputes Act because the government never issued a final decision on the contractor’s claim. The court disagreed, finding that the contracting officer had issued a memorandum entitled “Contracting Officer Final Decision.” That decision […]
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“Two Roads Diverged in a Yellow Wood . . .”: Uncertainty as to Alternative...

Government’s motion to dismiss appeal is denied. The government argued the appeal should be dismissed because the contractor had not asserted a sum certain...

Government Claim for Overpayment Not Untimely Even Though Government Discovered Contractor’s Non-Existent Accounting System...

Contractor’s motion for summary judgment on government’s claim is denied. The government asserted a claim against the contractor for overpayment. The contractor argued the...

Mish-Mash of Contract Documents Makes It Impossible for CBCA to Grant Summary Judgment; CSI...

Contractor’s motion for summary judgment in appeal of denied claim is denied for lack of evidence. The contractor had an FSS contract to provide flight services. The contractor argued that if the agency cancelled a flight, it was entitled to cancellation costs that were purportedly outlined in the contract. The agency, on the other hand, […]
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CBCA Defers Ruling on Jurisdictional Question Involving Proper Respondent Until It Can Rule on...

Motion to consolidate appeals is granted. The contractor had a GSA schedule contract. It filed the same claim with both GSA and the purchasing...

Digital Signature Created with Contractor’s PDF Software Satisfies CDA’s Claim Certification Requirements; Appeal of...

Government’s motion to dismiss a claim for lack of proper certification is denied. The government argued that the digital signature on the claim did...

Termination for Cause Justified by Contractor’s Shoddy Performance; SCS Building Maintenance, Inc. v. General...

Appeal of a termination for cause is denied. The agency terminated a contract for janitorial services after a significant decline in the quality of...

Federal Circuit Rejects Claim that Would Have Made CLIN Inexplicable; P.K. Management Group, Inc....

ASBCA decision rejecting contractor’s interpretation of the contract is affirmed. 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 Properties. The court […]
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Lost Rental Income Not A Recoverable Cost; CBCA No. 6655, Woodfield Financial Center LLC...

CBCA denied an appeal of the agency’s denial of a claim for lost rental income. The lessor sought to recover five months in lost rent, which it attributed to the agency’s errors in directing tenant improvements and the resulting delay in the tenant taking possession of the premises. However, the board noted that lost potential […]
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Contractor Wins Pyrrhic Victory: Proves Constructive Change but Blows It on Damages; Pacific Coast...

Contractor’s motion for summary judgment on its constructive change claim is granted in part and denied in part. The court found a constructive change because the government forced the contractor to provide more employee hours than required by the contract. Having established a constructive change, however, the contractor offered the legal equivalent of the dry […]
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