Protester Can’t Prove Its Entitled to All Costs Incurred Due to Pandemic-Caused Delay; Nues Inc. v. Department of Health and Human Services, CBCA 7165January 10, 2022
Contractor’s Program Manager Had Authority to File Appeal; Appeal of StructSure Projects, Inc., ASBCA No. 62927January 5, 2022
Contractor Can’t Recover Loss of Revenue Caused by COVID-19 Pandemic; OWL, Inc. v. Department of Veterans Affairs, CBCA 7184January 4, 2022
Parties’ “Minimalistic Approach to Briefing” Precluded Entry of Summary Judgment; BES Design/Build, LLC v. United States, COFC No. 19-1892CJanuary 3, 2022
CBCA Rejects Interpretation that Would Make Portions of Contract Superfluous; Phoenix Management, Inc. v. General Services Administration, CBCA 7091January 3, 2022
ASBCA Finds Government Liable for Delay and Differing Site Condition, Denies Contractor’s Other Claims; Appeals of Harry Pepper and Associates, Inc., ASBCA Nos. 62038 et al.December 17, 2021
Parties Submitted Too Much Conflicting Evidence for CBCA to Enter Summary Judgment; NTT Data Services Federal Government, LLC v. Department of Education, CBCA 6887December 16, 2021
Contract’s Performance Period Is Not a Warranty that Work Can Be Performed in that Period; Appeals of ECC International, LLC, ASBCA Nos. 60165, 60282December 15, 2021
Factual Issues Preclude Summary Judgment in Appeal Arising from Contract for Respiratory Masks; Zach Fuentes, LLC v. Department of Health and Human Services, CBCA 7090December 15, 2021
Contractor’s Consolidation of Distinct Claims Deprived ASBCA of Jurisdiction; Appeal of ECC International Constructors, LLC, ASBCA No. 59643December 14, 2021
Negotiations With Agency Didn’t Pause Accrual of Claim, Appeal of Globe Trailer Manufacturing, Inc. ASBCA No. 62594December 10, 2021
COFC Can’t Grant a Preliminary Injunction in CDA Case Seeking Only Monetary Damages; Sergeant’s Mechanical Systems, Inc. d/b/a Sergent Construction v. United States, COFC No. 21-1685CDecember 6, 2021
Contractor Unable to Prove It’s Entitled to Additional Delay Costs; Appeal of BES Construction, LLC, ASBCA No. 62175December 3, 2021
Contractor Entitled to Recover for Defective Specification; Wu & Associates, Inc. v. General Services Administration, CBCA 6760December 1, 2021
Appeal Fails Because Claimant Didn’t Actually Have a Contract with the Government; Vanguard Business Solutions v. Department of States, CBCA 6951November 30, 2021
Contractor Providing Shop Rags Can’t Claim Industrial Grease on the Rags Was “Absolutely Unexpected”; Appeal of Lavender Co., ASBCA No. 62163November 24, 2021
Agency Not Obligated to Inform Contractor that It Was Negotiating Different Contract with a Third Party; 7800 Ricchi LLC v. United States, Fed. Cir. 2021-1704November 24, 2021
“It’s Raining, It’s Pouring, There’s Specifications You’re Ignoring”: ASBCA Finds Contract Required Claimant to Replace Gutters; Appeal of H2LI-CSC, JV, ASBCA No. 62086November 19, 2021
ASBCA Not a Fan of Government’s Boilerplate Discovery Objections; Appeal of Lockheed Martin Aeronautics Company, ASBCA No. 62209November 17, 2021
CBCA Quickly Disposes of Government’s Untimely, Undeveloped Motion to Strike; 4K Global-ACC Joint Venture, LLC v. Department of Labor, CBCA 6683 et al.November 17, 2021