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CBCA Rejects “Arguments that FEMA Seemingly Tossed Into this Matter, Hoping Something Might Stick,” and Grants, In Part, Local Government’s Request for Reimbursement of Disaster Relief Contract; In the Matter of Harris County, Texas, CBCA 6909-FEMA
COFC Lacks Jurisdiction Over Government Claim Asserting that Two Contractors Are Jointly and Severally Liable for the Same Injury Arising from Independent Breaches of Separate Contracts; Johnson Lasky Kindelin Architects, Inc. v. United States, COFC No. 19-1419C
Letter of Intent Signed By Agency is Not an Enforceable Contract; 7800 Ricchi, LLC v. United States, COFC No. 18-1798C
CBCA Grants Appeal, Finds Contractor Is Entitled to Recover Start-Up Costs; WageWorks, Inc. v. Office of Personnel Management, CBCA 6027
Issues of Fact Concerning Notice of Differing Site Condition Preclude Government’s Motion for Summary Judgment; Appeals of Harry Pepper and Associates, Inc., ASBCA Nos. 62038, 62039, 62040, 62041, 623042
“She’s Gone, She’s Gone, I Better Learn How to Face It”: Contractor Bailed on Performance, Agency Terminated for Default; ITS Group Corp. v. Department of Agriculture, CBCA 6621, 6747
Request for Equitable Adjustment Did Not Qualify as CDA Claim for Purposes of Statute of Limitations; Zafer Construction Company v. United States, COFC No. 19-673C
Ceci N’est pas une Pipe: Agency Attempts to Argue that Document Labeled as “Final Decision” Was Not, In Fact, a Final Decision; Hydraulics International, Inc. v. United States, COFC Nos. 19-105C, 20-598C
Agency Not Required to Adjust Contract Price to Reflect Increase in Korea’s Minimum Wage; Appeals of KF&S Corp., ASBCA Nos. 62223, 62292
Purported Non-Monetary Claim Really a Monetary Claim that Lacked a Sum Certain; Appeal of MAC Electric Inc., ASBCA No. 62503
Claim Asserting Breach of Fair Opportunity to Compete Clause Should Have Been Brought as a Bid Protest; Appeal of Vox Optima, LLC, ASBCA No. 62644
ASBCA Rebuffs Government’s Attempt to Disqualify Contractor’s Counsel; Appeal of Asahi General Trading & Cont. Co. W.L.L., ASBCA No. 62445
Contract’s Adverse Weather Clause Does Not Apply to Suspension Clause; Appeal of Granite Construction Company, ASBCA No. 62281
Contractor Not Required to Provide Cost Information for Its Parent Organization; Mission Support Alliance, LLC v. Department of Energy, CBCA 6476, 6811
End of the Salad Days: Government Not Responsible for Excess Costs Contractors Incurred Shipping Produce; Appeals of MPG West, LLC, ASBCA Nos. 61100, 61560, 61570
Contract Provision Stating that Agency “Shall Consider” Equitable Adjustment Does Not Merely Obligate Agency to “Think Over” or Contemplate Adjustment; BGT Holdings, LLC v. United States, Fed. Cir. No. 2020-1084
CBCA Finds Termination for Default Unwarranted—Agency Failed to Establish Contractor Was Unlikely to Complete Project on Time; Eagle Peak Rock & Paving, Inc. v. Department of Transportation, CBCA 5692
ASBCA Won’t Consider Appeal Filed One Day Late; Appeal of Haakenson Electric Company, ASBCA No. 62606
Federal Circuit Holds that Contractor May Use Non-Conforming Legends to Restrict Third Parties’ Rights in Technical Data Provided to Government; The Boeing Company v. Secretary of the Air Force, Fed. Cir. No. 2019-2147
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