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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
Time to Appeal Claim Began To Run When Contractor’s Attorney Received Agency’s Claims Decision; Sandstone Associates, Inc. v. United States, COFC No. 19-900C
Contractor Unable to Shift Blame for it Problems with a Subcontractor on to Agency; Amec Foster Wheeler Environment & Infrastructure, Inc. v. Department of the Interior, CBCA 5168, 6298
ASBCA Dismisses Appeal Based on Apparent Fraudulent Claim; Appeal of Kamran Zaland Supplies and Services, ASBCA 61339
Decontextualized Emails Not “Damning” Enough for CBCA to Impose Discovery Sanctions on Agency; SBC Archway Helena, LLC v. General Services Administration, CBCA 5997, 6464
Termination for Cause Warranted Where Contractor Made False Statement to the Government; Philip Emiabata, DBA Philema Brothers v. United States, Fed. Cir. 2019-1041
Claimant’s Failure to File Complaint on Time Does Not Warrant Dismissal For Failure to Prosecute; BES Design/Build, LLC v. Department of Veterans Affairs, CBCA 6561
Postal Service’s Hard Bargaining Did Not Constitute Age Discrimination; Patrick M. Murray v. United States Postal Service, PSBCA Nos. 6635, 6640
Subcontractor Successfully Pleads that It’s a Third Party Beneficiary of Prime’s Contract with Government; Constructora Guzman, S.A. v. United States, COFC No. 19-498C
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