Wednesday, April 14, 2021

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Government Not Required to Indemnify Contractor for Costs Incurred Litigating Third Party Radiation Exposure...

Contractor’s motion for summary judgment on indemnification claim against government is denied. The contract required the contractor to remediate a nuclear research site. Third parties sued the contractor alleging injuries caused by the release of radioactive materials. The contractor settled the cases and then sought indemnification from the government under the contract’s indemnification clause. The […]
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Encountering Frozen Ground in Alaska Is Not a Differing Site Condition; Ahtna Construction &...

Government’s motion to dismiss complaint is granted in part and denied in part. The government moved to dismiss the contractor’s complaint for failure to state a claim. The contractor moved to amend to clarify its allegations. The board granted the government’s motion to dismiss a differing site condition claim. The contractor had alleged it had […]
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CBCA Rejects “Arguments that FEMA Seemingly Tossed Into this Matter, Hoping Something Might Stick,”...

Local government’s claim for reimbursement under the Stafford Disaster Relief Act is granted in part. The local government sought to recover an incentive fee it had to pay to obtain debris removal crews after a hurricane. FEMA denied reimbursement, finding that the incentive fee was unreasonable. FEMA made a number of arguments as to why […]
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COFC Lacks Jurisdiction Over Government Claim Asserting that Two Contractors Are Jointly and Severally...

Motion to dismiss government’s counterclaim for breach is granted. The government issued a final decision that found an architect and a builder jointly and...

Letter of Intent Signed By Agency is Not an Enforceable Contract; 7800 Ricchi, LLC...

Government’s motion for summary judgment on contractor breach claim is granted. The contractor claimed the government breached a lease agreement. The court, however, found that the parties never reached an enforceable agreement. The government had signed a letter of intent, but the court found the letter was not a contract due to lack of offer […]
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CBCA Grants Appeal, Finds Contractor Is Entitled to Recover Start-Up Costs; WageWorks, Inc. v....

Contractor’s appeal seeking costs incurred in preparing to take over the contract is granted. The contract was for administration of an employee benefits plan....

Issues of Fact Concerning Notice of Differing Site Condition Preclude Government’s Motion for Summary...

Government’s motion for summary judgment on contractor’s differing site condition claims is denied. The government alleged that the contract required the contractor to give the government notice of any change in conditions. The contractor never gave proper notice of the changed conditions, the government contended, so it could not now seek compensation for those conditions. […]
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“She’s Gone, She’s Gone, I Better Learn How to Face It”: Contractor Bailed on...

Contractor’s claim for payment and challenge to a termination for default are denied. The contract obligated the contractor to paint buildings. The contractor failed to paint all the buildings, alleging they needed to be repaired before they could be painted. The agency withheld payments and terminated the contract. The board found that the agency’s actions […]
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Request for Equitable Adjustment Did Not Qualify as CDA Claim for Purposes of Statute...

Government’s motion to dismiss claims appeal as barred by the statute of limitations is granted. The contractor asserted various claims seeking damages for delays...

Ceci N’est pas une Pipe: Agency Attempts to Argue that Document Labeled as “Final...

Government’s motion to dismiss claim for lack of jurisdiction is denied. The government argued that the court lacked jurisdiction under the Contract Disputes Act because the government never issued a final decision on the contractor’s claim. The court disagreed, finding that the contracting officer had issued a memorandum entitled “Contracting Officer Final Decision.” That decision […]
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