Friday, January 22, 2021

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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...

Contractor Cannot Recover for Defective Estimates Under an IDIQ Contract; RocJoi Medical Imaging v....

Claim seeking recovery under a defective estimates theory is dismissed in part. The contract was for radiological examinations. The contactor alleged that the contract’s estimates of examinations were flawed. The contractor sought to recover the difference between number of examinations performed and the number estimated. The CBCA dismissed the claim because the contractor was trying […]
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CBCA Orders Agency to Redo Its Privilege Log; 4K Global-ACC Joint Venture, LLC v....

The claimant filed a motion asking the CBCA to strike the agency’s privilege log. The claimant argued that the log was overbroad and failed to explain the bases of the various privileges asserted. The board agreed with the claimant, finding that the log did not show why the asserted privileges applied or provide enough information […]
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Contractor that Signed a Release While the Government Was In Breach Doesn’t Have a...

Appeal of claim seeking rent for equipment leased to the government is denied. The contractor alleged the government continued to use leased equipment after the performance period specified in the contract. The board found that the government had indeed continued to use the equipment in violation of the lease. The contractor, however, had signed a […]
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Contractor Prevails on Entitlement Portion of Claim But Fails to Establish Quantum; Appeal of...

Contractor’s quantum appeal is denied in part and granted in part. In a previous entitlement decision, the board found that the agency had constructively...

Contractor Alleged It Was Coerced Into Terminating Contract, But ASBCA Finds No Reasonable Fact...

Government’s motion for summary judgment on contractor’s appeal is granted. The contractor alleged it had been coerced into agreeing to a termination for convenience and into releasing its claims against the government. But the ASBCA found these allegations far-fetched. The contractor had actually proposed to terminate, so it was difficult for the board to believe […]
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Prime Contractor’s Settlement of Litigation with Subcontractor Did Not Negate Prime’s Claims Against the...

Government’s motion to dismiss portions of appeal is denied. While the appeal was pending, the claimant settled litigation with its subcontractor. The government claimed that as a result of the settlement one of the contractor’s claims was barred by the doctrine of judicial estoppel, which prevents a party from taking inconsistent legal positions in two […]
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Second Appeal Does Not Relate Back to a Previous Appeal If the Previous Appeal...

Government’s motion to dismiss appeal for lack of jurisdiction is granted. The contractor appealed a termination for default, asserting a waiver defense. While the waiver appeal was pending, the contractor submitted a claim to the contracting officer asserting a delay defense to the termination. The ASBCA ruled in favor of the government on the waiver […]
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Miami Airport Fails to Shake Its Body, Fails to do the Conga, and Only...

Appeal of denied claim for rent is denied as untimely. The contractor lease office space to the government. The contractor alleged that the government had continued to occupy some of the space after termination of the lease. The contractor filed a claim to recover rent for the time the government occupied the space. The claim, […]
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CBCA Lacks Jurisdiction to Hear Appeal Filed One Day Late; JAF Supply, Inc. v....

Appeal of denied claim is dismissed for lack of jurisdiction. The contractor filed an appeal of its denied claim with the CBCA more than 90 days after it received the contracting officer’s decision. The board noted that the CDA’s 90-day deadline for filing a notice of appeal is jurisdictional. The board was unable to hear […]
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