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Contractor’s Unequivocal Refusal to Perform Warrants Termination for Cause; Appeal of Molly Jessie Company, ASBCA No. 62140
Agency Liable for Claim Due to Prodigious Obliviousness and Indifference as to What It Purchased from Contractor; Appeal of Command Languages, Inc. d/b/a CLI Solutions, ASBCA No. 61216
CBCA Reminds Claimants that Statements Made in a Contracting Officer’s Decision Are Not Binding on the Government; CSI Aviation, Inc. v. Department of Homeland Security and General Services Administration, CCBA 6292, 6386
Performance Delays Justified Termination for Cause; Appeal of Molly Jessie Company, ASBCA No. 62134
Close Enough for Government Work? Damages Claim for Increased Costs Cannot Be Based on a Labor Hours Estimate that Assumes 25,000 More Hours than Contractor Actually Worked; United Facility Services Corporation d/b/a Eastco Building Services v. United States, CBCA 5272
CBCA Defers Ruling on Jurisdictional Question Involving Proper Respondent Until It Can Rule on Merits: CSI Aviation, Inc. v. Department of Homeland Security and General Services Administration, CBCA 6581, 6582
COFC Decision Did Not Preclude, Under Doctrine of Res Judicata, a Related Claim Before ASBCA; Appeal of Nexagen Networks, Inc., ASBCA No. 60641
Surety’s Claims for Equitable Subrogation and Contract Adjustment Survive Agency’s Motion to Dismiss; Capitol Indemnity Corporation v. United States, COFC No. 18-916C
ASBCA Lacks Jurisdiction Over Claim that Is Actually a Bid Protest; Appeal of Spanish Solutions Language Services, ASBCA No. 62233
“What We’ve Got Here Is Failure to Communicate”: Contractor’s Claim for Breach of Prison Repair Contract Based on Misunderstanding of Contract Provisions; HCIC Enterprises, LLC, d/b/a HCI General Contractors v. United States, COFC No. 18-1943C
Agency’s Failure to Notify Union That It Was Exercising Option Precludes It From Refusing a Price Adjustment Resulting from a CBA Executed During the Option Period; Appeal of Alutiiq Commercial Enterprises, LLC, ASBCA No. 61503
Contractor’s Qualification of Its Damages Claim with the Words “At Least” Precludes the Amount From Being Considered a Sum Certain; Appeal of Odyssey International, Inc., ASBCA No. 62062
Government’s Failure to Pay Does Not Mean Contractor Is Allowed to Stop Performing; Appeal of Puma Energy Honduras, S.A. de C.V., ASBCA No. 61966
Prime Contractor Cured Defective Pass-Through Claim of Second-Tier Subcontractor; Appeal of SBH Services & CORE Construction, JV II, ASBCA No. 61714
CBCA Rebuffs Government’s Attempt to Dismiss Contractor’s Claim for Damaged Equipment; Griz One Firefighting, LLC v. Department of Agriculture.
Contractor Cannot Recover Costs Under EAJA For Time That President and Project Manager Spent on Claim and Appeal; Appeal of GSI & Whitesell-Green, JV, ASBCA No. 62216
Contracting Officer’s Stern—“Bordering on Verbally Abusive”—Emails Come Back to Haunt Agency in Attorney Fees Proceeding; Vet4U, LLC v. Department of Veterans Affairs, CBCA 6612-C(5387)
CBCA Holds Off on Deciding Whether Procuring Agency or GSA is Proper Respondent in Claim Alleging Breach of FSS Contract; Avue Technologies Corporation v. Department of Health and Human Services and General Services Administration, CBCA 6360, 6627
Unsolicited Letter Sent to New Jersey State Officials, Cabinet Secretaries, and the U.S. Supreme Court is Not a Government Contract; Ibrahim v. United States, Fed. Cir. 2019-2300
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