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Contractor Can Appeal a Government Claim Without Having to Submit a Claim of its Own to the Contracting Officer; Suffolk Construction Company, Inc. v. General Services Administration, CBCA 2953-R et al.
ASBCA Doesn’t Buy Contractor’s Attempt to Distinguish a “Subcontractor” From a “Vendor”; Appeal of Aero Tech Services Associates, Inc., ASBCA No. 61682
Despite Allegations of Withheld Evidence and Factual Errors, PSBCA Declines to Reconsider Its Denial of Appeal; Patrick M. Murray v. United States Postal Service, PSBCA Nos. 6635, 6640
Contractor Could Not Have Had Reasonable Expectation that Agency Word Order Over the Minimum Amount Prescribed by IDIQ Contract; Future Forest, LLC v. Department of Agriculture, CBCA 5863
One Person’s Breach is Another’s Constructive Termination for Convenience; ACLR, LLC v. United States, COFC No. 15-767C
Keeping a Workforce on Standby Does Not Mean They Must Be Idle; RLS Construction Group, LLC v. Department of Veterans Affairs, CBCA 6349
Government Waived Anti-Assignment Statute Treating Assignee as Contractor; Appeals of Starwalker PR LLC, ASBCA Nos. 60485, 60775
“This is not ‘Nam . . . There Are Rules.” ASBCA Cannot Hear Claim That Was Not Submitted to Contracting Officer; Appeal of Sang Kash Company, ASBCA No. 62148
Factual Issues Concerning Alleged Defective Specifications Negate Government’s Motion for Summary Judgment; Appeal of DCX-CHOL Enterprises, Inc., ASBCA Nos. 61806, 61807
GSA Failed to Properly Terminate a Lease, Owes Contractor Months of Unpaid Rent; HPI/GSA-4C, L.P. v. General Services Administration, CBCA 6093
Agency Did Not Act in Bad Faith When It Terminated Contract with Out of Control Costs and Uncertain Deliverables; NVS Technologies, Inc. v. Department of Homeland Security, CBCA 4775, 5360, 6334
Government Not Liable for Delays Caused By Protesters in South Korea; Appeal of Korea Engineering Consultants Corporation, ASBCA No. 61724
Froyo Company’s Attempt to Argue that Release Was Ambiguous Goes Down Like Cloying Combination of Peanut Butter and Bubblegum Flavors; Team Hall Venture, LLC, DBA Limeberry Frozen Yogurt v. United States, Fed. Cir. No. 2018-2283
Government Unsuccessful in Attempt to Characterize Contractor’s Putative Contract Claims as Tort Claims; Appeal of ASCT Group, Inc., ASBCA No. 61955
Contractor’s Equivocation on Monetary Claim Fails to State a Sum Certain and Fails to Invoke Board’s Jurisdiction; Appeal of High-Tech Launderette LLC, ASBCA No. 62259
Standard for Assessing Whether Claim Provides “Adequate Notice” of Basis and Amount Applies Equally to Government Claims and Contractor Claims; SRA International, Inc. v. Department of State, CBCA 6563, 6564
Court Sees Through Government’s Attempt to Turn Claim for Breach of IDIQ Into a FASA-Barred Protest; Vanquish Worldwide, LLC v. United States, COFC Nos. 17-96C, 18-1043C, 19-310C
CBCA Lacks Jurisdiction Over Dispute Concerning Government Option to Purchase Real Property: U.S. Overseas Housing, LLC v. Department of States, CBCA 6606
Contractor’s Claim for Extended Home Office Overhead Costs Barred by Final Payment Defense; Appeal of Matcon Diamond, Inc., ASBCA No. 59637
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