Contractor’s Claim for Extended Home Office Overhead Costs Barred by Final Payment Defense; Appeal of Matcon Diamond, Inc., ASBCA No. 59637March 17, 2020
Third Party Beneficiary of Government Contract Cannot Seek Claim Before CBCA; Rashid El Malik v. Department of Veterans Affairs, CBCA 6600March 16, 2020
Contractor’s Unequivocal Refusal to Perform Warrants Termination for Cause; Appeal of Molly Jessie Company, ASBCA No. 62140March 12, 2020
Agency Liable for Claim Due to Prodigious Obliviousness and Indifference as to What It Purchased from Contractor; Appeal of Command Languages, Inc. d/b/a CLI Solutions, ASBCA No. 61216March 11, 2020
CBCA Reminds Claimants that Statements Made in a Contracting Officer’s Decision Are Not Binding on the Government; CSI Aviation, Inc. v. Department of Homeland Security and General Services Administration, CCBA 6292, 6386March 11, 2020
Performance Delays Justified Termination for Cause; Appeal of Molly Jessie Company, ASBCA No. 62134March 10, 2020
Close Enough for Government Work? Damages Claim for Increased Costs Cannot Be Based on a Labor Hours Estimate that Assumes 25,000 More Hours than Contractor Actually Worked; United Facility Services Corporation d/b/a Eastco Building Services v. United States, CBCA 5272March 10, 2020
CBCA Defers Ruling on Jurisdictional Question Involving Proper Respondent Until It Can Rule on Merits: CSI Aviation, Inc. v. Department of Homeland Security and General Services Administration, CBCA 6581, 6582March 9, 2020
COFC Decision Did Not Preclude, Under Doctrine of Res Judicata, a Related Claim Before ASBCA; Appeal of Nexagen Networks, Inc., ASBCA No. 60641March 9, 2020
Surety’s Claims for Equitable Subrogation and Contract Adjustment Survive Agency’s Motion to Dismiss; Capitol Indemnity Corporation v. United States, COFC No. 18-916CMarch 5, 2020
ASBCA Lacks Jurisdiction Over Claim that Is Actually a Bid Protest; Appeal of Spanish Solutions Language Services, ASBCA No. 62233March 5, 2020
“What We’ve Got Here Is Failure to Communicate”: Contractor’s Claim for Breach of Prison Repair Contract Based on Misunderstanding of Contract Provisions; HCIC Enterprises, LLC, d/b/a HCI General Contractors v. United States, COFC No. 18-1943CMarch 4, 2020
Agency’s Failure to Notify Union That It Was Exercising Option Precludes It From Refusing a Price Adjustment Resulting from a CBA Executed During the Option Period; Appeal of Alutiiq Commercial Enterprises, LLC, ASBCA No. 61503February 27, 2020
Contractor’s Qualification of Its Damages Claim with the Words “At Least” Precludes the Amount From Being Considered a Sum Certain; Appeal of Odyssey International, Inc., ASBCA No. 62062February 26, 2020
Government’s Failure to Pay Does Not Mean Contractor Is Allowed to Stop Performing; Appeal of Puma Energy Honduras, S.A. de C.V., ASBCA No. 61966February 25, 2020
Prime Contractor Cured Defective Pass-Through Claim of Second-Tier Subcontractor; Appeal of SBH Services & CORE Construction, JV II, ASBCA No. 61714February 24, 2020
CBCA Rebuffs Government’s Attempt to Dismiss Contractor’s Claim for Damaged Equipment; Griz One Firefighting, LLC v. Department of Agriculture.February 21, 2020
Contractor Cannot Recover Costs Under EAJA For Time That President and Project Manager Spent on Claim and Appeal; Appeal of GSI & Whitesell-Green, JV, ASBCA No. 62216February 20, 2020
Contracting Officer’s Stern—“Bordering on Verbally Abusive”—Emails Come Back to Haunt Agency in Attorney Fees Proceeding; Vet4U, LLC v. Department of Veterans Affairs, CBCA 6612-C(5387)February 19, 2020
CBCA Holds Off on Deciding Whether Procuring Agency or GSA is Proper Respondent in Claim Alleging Breach of FSS Contract; Avue Technologies Corporation v. Department of Health and Human Services and General Services Administration, CBCA 6360, 6627February 13, 2020
