Wednesday, April 14, 2021

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Contractor Recovers Costs Incurred in Removing Larger-than-Expected Floating Fish Collector; Appeal of Central Diversified...

Claim seeking costs associated with the removal of a fish collector is granted in part. The agency had represented that its fish collector weighed 15,000 pounds, but it actually weighed over five times more. The contractor had to use a bigger-than-expected crane to remove the collector and thus submitted a claim for the costs of […]
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ASBCA Finds Government Subpoena Sought Immaterial and Duplicative Information, Quashes It; Appeals of Sand...

Surety’s motion to quash a government subpoena is granted. As part of an appeal before the ASBCA, the government subpoenaed a surety seeking information...

Contractor Obtains the Wrong Permit, Has to Redo the Work and Eat the Loss;...

Government’s motion to dismiss for failure to state a claim is granted. The contractor obtained the wrong type of construction permit, and the government ordered the contractor to redo the project. The contractor alleged that the government had breached by requiring the contractor to comply with local permitting requirements. The court disagreed, reasoning that the […]
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No Cardinal Change When the Final Product Is Not Much Different than that Specified...

Government’s motion for summary judgment on contractor’s cardinal change theory is granted. The contractor alleged that the cumulative changes it had to make in welding work amounted to a cardinal change. But a cardinal change only occurs when the work performed is materially different than that specified by the contract. Here, while there were alterations […]
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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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What Are We Fighting For? ASBCA Boots Appeal Seeking Declaratory Relief Because the Challenged...

Claim seeking declaratory relief is dismissed for lack of a live dispute. The contractor wanted the board to declare that the government’s interpretation of the Fly America Act was wrong. But the board found that the contractor had not been impacted by the government’s interpretation. In fact, the contractor had not taken any action at […]
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Although Documents Were In Agency’s Contract File, They Were Not Incorporated Into Contract; CSI...

Government’s motion for summary judgment on narrow issue concerning whether a document was incorporated into the contract is granted. The contractor alleged that a...

Self-Prepared, Unverified Spreadsheet Insufficient to Support Claim for Termination Costs; Bannum, Inc. v. United...

Contractor’s request for termination costs is denied. The government terminated for convenience. The contractor filed suit, alleging it was entitled to recover myriad termination costs. The contractor sought proposal costs, but the court found the contractor had never sought approval of those costs from the agency. The contractor sought preparatory costs, but the court denied […]
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Contractor Didn’t File a Claim But ASBCA Still Had Jurisdiction Over Appeal Challenging Termination...

Government’s motion to strike contractor’s claim challenging a termination for default is denied. The government argued that the board lacked jurisdiction over the termination because the contractor had not submitted a claim to the contracting officer before appealing the termination. But the board reasoned that a termination is a government claim, so the contractor does […]
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CBCA Finds Agency Breached Software Licenses But Limits Contractor’s Damages to Licenses’ Fair Market...

Claim alleging that agency breached a software license is granted. The agency initially licensed the software on a per server basis, where each server had a single processor. But the agency upgraded its servers so that each server now had sixteen processing cores. The agency modified its licensing agreement to reflect the upgrade, but the […]
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