Friday, January 22, 2021

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Issues of Fact Concerning Whether “Blocky and Angular” Rock Met Contract Requirements Preclude Summary...

Cross-motions for summary judgment on claim seeking costs incurred as a result of an alleged contract change are denied. The contract required the claimant...

Agency’s Deviation from Contract Not a Breach Because It Followed Instructions from Individual With...

Appeal alleging that government breached payment provisions of contract is denied. The contract provided that the government would make payments to the contractor’s account at Bank of America. The contractor alleged the government had breached by making payments to another account at a German bank. The board found that the contractor’s vice president and COO […]
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ASBCA Finds Government Is on the Hook for Northrop Grumman’s Underfunded Pension Plan; Appeal...

Appeal of government decision denying liability for contractor’s underfunded pension plan is granted. The contractor had a pension plan, and it allocated the overhead...

Factual Disputes Concerning Alleged Constructive Change and Differing Site Conditions Preclude Summary Judgment on...

Contractor’s summary judgment motion challenging default termination is denied while government’s cross motion is granted in part. The government terminated the contract because the contractor fell behind schedule, and the government lost confidence in the contractor’s ability to complete the project. The contractor argued it was entitled to summary judgment on the termination because its […]
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Contractor’s Confusing Claim Certification Merely Defective, Did Not Deprive Board of Jurisdiction; Appeal of...

Government’s motion to dismiss appeal for lack of jurisdiction is denied. The government argued that the contractor's certification of the claim, which confusingly referred...

Government Not Required to Foot the Bill for Contractor’s Golden Parachute; Appeal of DynCorp...

Appeal of DCMA decision disallowing severance payments made to contractor’s CEO is denied. DCMA determined that the contractor had improperly recovered costs of severance...

Claimant Can’t Prove It Had Settlement Agreement With Assistant U.S. Attorney Regarding Termination of...

Appeal of termination for default is denied. The claimant contended the termination for default was improper because as part of its bankruptcy proceedings, it...

Prevailing Claimant Unable to Recover Fees Under EAJA Because Government’s Position Was Substantially Justified;...

Request for attorney’s fees under the Equal Access to Justice Act is denied. The contractor had prevailed on a claim asserting that the government had constructively waived a contract requirement and sought to recover fees under the EAJA. A claimant can only recover fees under the EAJA if the government’s litigation position was not substantially […]
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Claim Seeking Return of Non-Conforming Items Lacked Sum Certain, Failed to State Valid Claim;...

Government’s motion to dismiss contractor’s appeal of a denied claim is granted. The contractor had emailed the agency seeking the return of non-conforming good....

Contractor’s Settlement of False Claim Investigation Not an Admission of Fraud that Voided Contract;...

VA’s motion for summary judgment on contractor’s claim is denied. The contractor had settled a False Claims investigation with DOJ. The VA argued that...