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Government’s Half-Hearted Performance Breaches Settlement Agreement; Rocky Mountain Helium, LLC v. United States, COFC No. 15-336C
Termination for Convenience Does Not Preclude the Government from Terminating Another Contract with the Same Contractor for Default; Carmazzi Global Solutions, Inc. v. Social Security Administration, CBCA 6264 et al.
GSA’s Attempt to Deny Validity of Leidos/Lockheed Novation is a Morass of Legalistic Nitpicking; Leidos Innovations Corporation v. United States, CBCA 6303
Contractor Wins Pyrrhic Victory: Proves Constructive Change but Blows It on Damages; Pacific Coast Community Services, Inc. v. United States, COFC No. 17-854C
Contractor that Paid Employee to Essentially Stare at the Wall Unable to Convince ASBCA that Employee’s Salary is a Recoverable Cost; Appeal of Advanced Global Resources, LLC, ASBCA No. 62070
Contractor Plausibly Demonstrated U.S. Improperly Transferred Its Property to Iraqi Government Ownership; COFC No. 17-220C, Kuwait Pearls Catering Co. WLL v United States
Government’s Control of a “Holding Account” May Have Turned Subcontractor into a Third Party Beneficiary of the Prime Contract; Fox Logistics and Construction Co. v. United States, COFC No. 18-1395C
Conversion of Termination for Default into Termination for Convenience Terminates ASBCA’s Jurisdiction; Appeal of Moonschein Industries LLC, ASBCA No. 61755
Inaccurate Information in Copyright Registration—Even Though Unintentional—Negates Contractor’s Infringement Claim; Bruhn NewTech, Inc. v. United States, COFC No. 16-783C
Failure to Understand Licensing Terms Torpedoes Copyright Infringement Suit Against the Navy; Bitmanagement Software GmbH v. United States, COFC No. 16-804C
Inadvertent Misrepresentation on Availability of Key Personnel Results in Rescission of Award; NetCentrics Corporation v. United States, COFC No. 19-839C
Government’s Accord and Satisfaction Defense Fails; Meridian Engineering Company v. United States, COFC No. 11492C
COFC Erred in Calculating a “Tax Gross-Up” Awarded to Contractor; Sonoma Apartment Associates v. United States, Fed. Cir. No. 2018-1781
Bizarre Subcontracting Arrangement Still Subject to CDA’s Statute of Limitations; COFC No. 19-376C, Thomas Nussbaum v. United States
Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA Positions
Government’s Claim Barred by Statute of Limitations; Appeal of URS Federal Services, Inc., ASBCA No. 61227
Government’s Affirmative Defense Sunk by Circular Reasoning; Appeal of Engility, LLC, ASBCA No. 61281
Sworn Statements Based on Conclusory Allegations Can’t Save Contractor’s Claim; Stobil Enterprise v. Department of Veterans Affairs, CBCA 5698
Agency Cannot Dismiss Claim While Simultaneously Admitting It Failed to Fulfill a Contractual Obligation; WSSA Birmingham, LLC v. General Services Administration, CBCA No. 6161
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