Encountering Frozen Ground in Alaska Is Not a Differing Site Condition; Ahtna Construction & Primary Products Company, LLC. v. Department of Agriculture, CBCA 6892February 8, 2021
CBCA Rejects “Arguments that FEMA Seemingly Tossed Into this Matter, Hoping Something Might Stick,” and Grants, In Part, Local Government’s Request for Reimbursement of Disaster Relief Contract; In the Matter of Harris County, Texas, CBCA 6909-FEMAFebruary 4, 2021
COFC Lacks Jurisdiction Over Government Claim Asserting that Two Contractors Are Jointly and Severally Liable for the Same Injury Arising from Independent Breaches of Separate Contracts; Johnson Lasky Kindelin Architects, Inc. v. United States, COFC No. 19-1419CFebruary 3, 2021
Letter of Intent Signed By Agency is Not an Enforceable Contract; 7800 Ricchi, LLC v. United States, COFC No. 18-1798CFebruary 3, 2021
CBCA Grants Appeal, Finds Contractor Is Entitled to Recover Start-Up Costs; WageWorks, Inc. v. Office of Personnel Management, CBCA 6027February 2, 2021
Issues of Fact Concerning Notice of Differing Site Condition Preclude Government’s Motion for Summary Judgment; Appeals of Harry Pepper and Associates, Inc., ASBCA Nos. 62038, 62039, 62040, 62041, 623042February 1, 2021
“She’s Gone, She’s Gone, I Better Learn How to Face It”: Contractor Bailed on Performance, Agency Terminated for Default; ITS Group Corp. v. Department of Agriculture, CBCA 6621, 6747January 28, 2021
Request for Equitable Adjustment Did Not Qualify as CDA Claim for Purposes of Statute of Limitations; Zafer Construction Company v. United States, COFC No. 19-673CJanuary 26, 2021
Ceci N’est pas une Pipe: Agency Attempts to Argue that Document Labeled as “Final Decision” Was Not, In Fact, a Final Decision; Hydraulics International, Inc. v. United States, COFC Nos. 19-105C, 20-598CJanuary 26, 2021
Agency Not Required to Adjust Contract Price to Reflect Increase in Korea’s Minimum Wage; Appeals of KF&S Corp., ASBCA Nos. 62223, 62292January 21, 2021
Purported Non-Monetary Claim Really a Monetary Claim that Lacked a Sum Certain; Appeal of MAC Electric Inc., ASBCA No. 62503January 21, 2021
Claim Asserting Breach of Fair Opportunity to Compete Clause Should Have Been Brought as a Bid Protest; Appeal of Vox Optima, LLC, ASBCA No. 62644January 14, 2021
ASBCA Rebuffs Government’s Attempt to Disqualify Contractor’s Counsel; Appeal of Asahi General Trading & Cont. Co. W.L.L., ASBCA No. 62445January 13, 2021
Contract’s Adverse Weather Clause Does Not Apply to Suspension Clause; Appeal of Granite Construction Company, ASBCA No. 62281January 12, 2021
Contractor Not Required to Provide Cost Information for Its Parent Organization; Mission Support Alliance, LLC v. Department of Energy, CBCA 6476, 6811January 8, 2021
End of the Salad Days: Government Not Responsible for Excess Costs Contractors Incurred Shipping Produce; Appeals of MPG West, LLC, ASBCA Nos. 61100, 61560, 61570January 7, 2021
Contract Provision Stating that Agency “Shall Consider” Equitable Adjustment Does Not Merely Obligate Agency to “Think Over” or Contemplate Adjustment; BGT Holdings, LLC v. United States, Fed. Cir. No. 2020-1084January 6, 2021
CBCA Finds Termination for Default Unwarranted—Agency Failed to Establish Contractor Was Unlikely to Complete Project on Time; Eagle Peak Rock & Paving, Inc. v. Department of Transportation, CBCA 5692January 6, 2021
ASBCA Won’t Consider Appeal Filed One Day Late; Appeal of Haakenson Electric Company, ASBCA No. 62606January 6, 2021
Federal Circuit Holds that Contractor May Use Non-Conforming Legends to Restrict Third Parties’ Rights in Technical Data Provided to Government; The Boeing Company v. Secretary of the Air Force, Fed. Cir. No. 2019-2147January 5, 2021
