Tuesday, September 29, 2020

Subscribers Only

Free

“Contract Language Matters”: Federal Circuit Reverses COFC, Rejects Government’s Attempt to Rewrite Contract, Holds...

COFC decision denying a contractor’s claim is reversed. The dispute involved a contract for road construction. The contract provided that (1) construction waste could...

Failure to Respond to Agency’s Summary Judgment Motion Dooms Contractor’s Appeal; Carmazzi Global Solutions,...

Government’s motion for summary judgment on contractor’s appeal is granted. The contractor appealed a termination for cause. The agency moved for summary judgment on the appeal. The contractor failed to respond to the motion and did not rebut the agency’s statement of undisputed facts. Reasoning that “nothing comes of nothing,” the board entered summary judgment […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Ambiguity In Modification Precludes Summary Judgment on Contractor’s Accord and Satisfaction Defense; Transworld Systems,...

Contractor’s motion for summary judgment on its accord and satisfaction defense to a government claim is denied. The government claimed that it had overpaid the contractor. The contractor alleged that a contract modification was an accord and satisfaction that barred the government’s claim. An accord and satisfaction only occurs when there is a meeting of […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Federal Circuit Holds that Failure to Raise Pre-Award Objection to a FAR Provision Did...

Appeal of a COFC decision dismissing a contractor’s challenge to the legality of a FAR provision is reversed. The COFC had found that the...

Government Caused Delay By Demanding Contractor Provide Information Not Required by the Contract; Appeals...

Appeals alleging government delay are sustained in part and denied in part. The board found that the government had caused delay by directing the contractor to include calculations in a design plan that were not required by the contract. The contract had a fast track submittal process under which the contractor only had to provide […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Federal Circuit Rejects Air Force’s Claim that Contract for Welfare of Servicemembers Was Not...

Appeal of two ASBCA decisions is affirmed in part, reversed in part, and dismissed in part. The contractor asserted claims for extra costs incurred...

ASBCA Precludes Contractor from Externalizing the Costs of Its Labor Practices; Appeals of Kellogg...

Government’s motion to dismiss and motion for summary judgment on contractor’s appeal are granted. The contractor provided base support services in Djibouti. The contractor,...

“But Lo! I Am a Master Thespian!”: Contractor Unable to Recover Wages Paid to...

Appeal of a claim seeking to recover wages for actors hired by the contractor is denied. The contractor provided actors to the Army for...

Agency Alleges Appeal Asserts a New Claim, But ASBCA Finds Appeal is Based on...

Government’s motion to dismiss appeal for lack of jurisdiction is denied in part and granted in part. The government asserted that three of the counts asserted on appeal had not been included in the certified claim so the board lacked jurisdiction to hear them. The board, however, determined that the three counts simply asserted new […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Contractor’s Attempt to Prove Excusable Delay About as Futile as Taco Bell Attempting to...

Appeal contesting government’s assessment of liquidated damages is denied. The government assessed liquidated damages because completion of the contract was delayed. The contractor alleged...