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Electric Utility Contractor Unable to Recover Upgrade Costs From the Government that Were Not Connected to the Utility Contract; Virginia Electric and Power Company d/b/a/ Dominion Energy Virginia v. United States, COFC No. 17-464C
Contractor Joined in Patent Infringement Suit Against Government Awarded Attorneys’ Fees for Defending Baseless Infringement Claim; Giesecke & Devrient GbmH v. United States, COFC 17-1812C
Check Your Privilege: Documents Prepared as Part of Government’s Claims Investigation Not Protected by Work Product Doctrine; Ingham Regional Medical Center et al. v. United States, COFC No. 13-821
COFC Has Jurisdiction Under the CDA to Grant Declaratory Relief; Raytheon Company v. United States, COFC No. 19-883C
Government’s Claim for Undelivered Golf Cart Batteries Slammed Faster than a Country Club Martini; Appeal of Club Car, Inc., ASBCA No. 61710
Contract Ambiguity that Can Only Be Resolved with External Evidence Precludes Summary Judgment; InterImage, Inc. v. United States, COFC Nos. 15-582C & 16-1300C
CBCA Declines to Stay Appeal Pending Negotiation of Termination Settlement; Williams Building Company, Inc. v. Department of Veterans Affairs, CBCA 6559, 6647
CBCA Finds that GSA Shortchanged Construction Contractor by Over $12 Million; Suffolk Construction Company Inc. v. General Services Administration, CBCA 2953, 2954, 2955, 3596, 4377, 5006
Email from Contractor Notifying Agency that “We Have Some Damage” Does Not Constitute a Valid Claim; Appeals of Naseem Al-Oula Company, ASBCA Nos. 61321 et al.
Agency’s Compliance With National Historic Preservation Act Cannot Breach Implied Duty of Good Faith and Fair Dealing; Appeals of Kalaeloa Ventures, LLC, ASBCA Nos. 60527, 60528, 60529
Do You Smell What the COFC Is Cooking? Army Did Not Breach Trademark License by Refusing to Approve Advertisements Featuring Dwayne “The Rock” Johnson; Authentic Apparel Group, LLC v. United States, COFC No. 15-16C
Government Cannot Prove Breach for a Missed Delivery Deadline When it Paid the Contractor An “Advance Payment” After the Alleged Deadline; Appeals of AXXON International, LLC, ASBCA Nos. 61224, 61268, 61625
“If it Keeps on Rainin’, Levee’s Goin’ to Break”—Agency’s Obliviousness to Requirement in a Levee Construction Contract Results in Waiver of That Requirement; Appeals of Buck Town Contractors & Co., ASBCA Nos. 60939, 60940, 60941
Doctrine of Collateral Estoppel Did Not Preclude Contractor From Raising Issue in Quantum Appeal that Had Been Touched Upon, but Not Resolved, in Previous Liability Appeal; Appeals of CDM Constructors Inc., ASBCA Nos. 62026, 62088, 62089
Contractor Can Correct a Defective Claim Certification Even if They Intentionally or Recklessly Disregarded Certification Requirements; DAI Global, LLC v. Administrator of the United States Agency for International Development, Fed. Cir. No. 2019-1330
Contractor’s Post-Appeal Correction of REA Certification to Conform to CDA Certification Requirements is All Good; Appeal of Kirlin Builders, LLC, ASBCA No. 61901
ASBCA Reverses Itself, Grants Government’s Motion for Reconsideration; Appeals of DCX-CHOL Enterprises, Inc., ASBCA Nos. 61636, 61637
Contractor’s Failure to Adhere to Contract’s Terms Precludes Recovery of Retroactive Wage Determinations; Harris IT Services Corporation v. Department of Veterans Affairs, CBCA No. 5814, 5815, 5816
Brickyard Blowout: IndyCar Company Cannot Claim Implied-In-Fact Contract Based on Statements by an Agency Official Who Could Not Bind the Government; Panther Brands, LLC v. United States, COFC No. 16-1157C
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