Wednesday, December 1, 2021

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Nopa! Contractor Claimed Inability to Deliver Greek Food Truck was Excusable, But ASBCA Repudiated...

Appeal challenging a termination for default is denied. The contract was for operation of a Greek food truck in South Korea. The contractor did not obtain licenses and permits needed to operate in South Korea before the contract start date, so the agency terminated for cause. The contractor alleged its failure to perform was excusable. […]
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Appeal Sought More than $100,000 But Underlying Claim Sought Less, So Failure to Certify...

Government’s motion to dismiss for lack of jurisdiction is denied. The contractor submitted an uncertified claim for $92,000 but on appeal sought $112,000. Reasoning...

Contractor Was Experiencing Stressful Business Conditions, But that Didn’t Mean It Agreed to a...

Appeal of differing site conditions and delay claims is granted in part and denied in part. The court found that the contractor was entitled to recover the costs of a government-ordered inspection of concrete because the inspection had ultimately revealed that the concrete was structurally sound. The contractor also alleged that it had agreed to […]
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ASBCA Can’t Enjoin Government from Terminating Contract; Appeal of Tactical Network Corporation, ASBCA No....

Contractor’s motion to compel is denied. While an appeal was pending, the government indicated that it was going to terminate a contract for cause. The contractor filed a motion to compel, asking the board to order the government to refrain from taking any further contract actions. The board, however, found that the motion essentially requested […]
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But You Said We Were Cool: Agency Employee Who Lacked Authority to Bind Government...

Claim seeking costs associated with alleged changes and delay is denied. The contractor alleged it was entitled to the cost of replacing a PVC pipe with a cast iron pipe. The contractor claimed that the use of the PVC pipe had been approved by an agency engineer. But the boand found this argument meritless. The […]
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CBCA Can’t Void an Assignment of Contract Payments; Heroes Hire, LLC v. Department of...

Contractor’s emergency motion for relief is denied. The contractor assigned its payments under the contract to a lender. Thereafter, the agency terminated the contract...

Contractor Tries But Fails to Convince Court that They’re an Agency Employee; David Diaz...

Government’s motion to dismiss is granted. A mail carrier for the US Postal Service filed suit alleging that the agency had breached his employment contract, and that he was entitled to overtime pay under the Fair Labor Standards Act. The rejected the breach claim, because the plaintiff had not filed a claim with the contracting […]
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Failure to Request a Schedule Extension Tanks Claim for Constructive Acceleration; Appeals of Skanska...

Government’s motion for summary judgment on constructive acceleration claim is granted. The contractor filed a pass-through claim on behalf of its subcontractors alleging that the government’s failure to timely approve construction drawings resulted in a constructive acceleration. A claim for constructive acceleration, however, requires the contractor to request and the government to deny a contract […]
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CBCA Not Persuaded by Contractor’s Threadbare Excuses for Non-Performance; Carmazzi Global Solutions, Inc. v....

Appeal of a termination for cause is denied. It was undisputed that the contractor had not performed, so the contractor bore the burden of...

“Admit that Mistakes Were Made”: Government Not Required to Respond to Vague, Passively-Phrased Requests...

Contractor’s motion to compel government to respond to discovery requests is granted in part and denied in part. The government objected to the contractor’s...