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Claims

1,190 articles from the Protests & Claims Brief.

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Contract Stated that Government Would Furnish Personnel, But Agency’s Failure to Provide Personnel Was Not a Breach; Appeals of ECC International LLC, ASBCA Nos. 61176, 62029

Eight-Year Old Claim Barred by the CDA Statute of Limitations; Appeal of URS Federal Services, Inc., ASBCA No. 62475

Government’s Liability for Holdover Period in Lease Is Based on Fair Market Value of the Property, not on Holdover Clauses from Commercial Leases; 1125 15h St., LLC v. General Services Administration, CBCA 6012

Claim, Which Contained a Disclaimer About Possible Duplicative Costs, Did Not State a Sum Certain; Sage Acquisitions LLC v. Department of Housing and Urban Development, CBCA 6631

CBCA Dismisses Appeal, Finding Claim was Precluded by Federal Circuit Decision Involving Virtually Identical Contract; Purdy Enterprise, LLC. v. Department of Housing and Urban Development, CBCA 6128, 6129

“I Guess I Should Have Known, By the Way You Parked Your Car Sideways, that It Wouldn’t Last”: Factual Issues Preclude Summary Judgement in Appeal Involving Valet Parking Contract; In and Out Valet Company v. Department of Veterans Affairs CBCA 6519, 6994

I’m a Lumberjack and I’m Okay: Agency’s Refusal to Extend Timber Sales Contract Not a Breach; Dawson & Douglas, Inc. v. Department of Agriculture, CBCA 6304, 6786

ASBCA Refuses to Draw Adverse Inference from Agency’s Alleged Spoliation of Evidence; Appeals of Sungjee Construction Co. Ltd, ASBCA Nos. 62002, 62170

Contractor Can’t Recover the Costs of Licenses It Purchased for Unexercised Option Periods; Mircotechnologies LLC d/b/a MicroTech v. Department of Justice, CBCA 6722

ASBCA Rules that Patency or Latency of Ambiguity Does Not Depend Solely on Cost; Appeals of Lebolo-Watts Constructors 01 JV, LLC, ASBCA Nos. 59740 et al.

Contractor Undermines Its Claim with Multiple, Conflicting Expert Reports; SRM Group, Inc. v. Department of Homeland Security, CBCA 5194, 5938

ASBCA Declines to Dismiss Appeal, Finds It Can Resolve Case Without Making Factual Determinations Relating to Alleged Fraud; Appeal of GSC Construction, Inc. ASBCA No. 62530

ASBCA Declines to Consider Theories Not Asserted in the Underlying Claim; Appeal of Blanchard’s Contracting, LLC, ASBCA No. 62508

Contractor Can’t Claim Defective Specifications When It Did Not Fully Comprehend or Comply with Specifications; Appeal of Brantley Construction Services, LLC, ASBCA No. 61118

Contractor Attempts to Broadly Challenge DCAA’s Audit Practices, But ASBCA Dismisses Appeals as Moot; Appeals of L3 Technologies, Inc., ASBCA Nos. 61811, 61813, 61814

In the Midst of Many Irrelevant Arguments, ASBCA Finds that Contractor Raised a Single Factual Dispute to Thwart Agency’s Summary Judgment Motion; Appeal of Langdon Engineering & Mgt., ASBCA No. 61959

Contractor Cannot Move to Dismiss Government’s Theory Regarding the Scope of the Claim; Mission Support Alliance, LLC v. Department of Energy, CBCA 6477

Government Specified a Proprietary Item and then Wrongly Refused Contractor’s Substitute Item; Appeal of Carothers Construction, Inc., ASBCA No. 62204

ASBCA Limns the Boundary Between an REA and Claim, Finds Contractor Can’t Implicitly Convert REA into Claim by Accident; Appeal of BAE Systems Ordnance Systems, Inc., ASBCA No. 62416

Federal Circuit Smells What COFC Was Cooking and Approves, Holds that Army’s Refusal to Allows Its Brand to Be Used in Advertising Featuring Dwayne “The Rock” Johnson Did Not Violate Contract; Authentic Apparel Group, LLC, Ron Reuben v. United States, Fed. Cir. 2020-1412