Unsolicited Letter Sent to New Jersey State Officials, Cabinet Secretaries, and the U.S. Supreme Court is Not a Government Contract; Ibrahim v. United States, Fed. Cir. 2019-2300February 12, 2020
COFC Is an “Appropriate Professional Authority” to Which a Lawyer May Report the Misconduct of Another Lawyer Under the Rules of Professional Conduct; The Hanover Insurance Company et al. v, United States, COFC 12-499C, 13-500C, 13-800C, 16-1187February 11, 2020
Electric Utility Contractor Unable to Recover Upgrade Costs From the Government that Were Not Connected to the Utility Contract; Virginia Electric and Power Company d/b/a/ Dominion Energy Virginia v. United States, COFC No. 17-464CFebruary 10, 2020
Contractor Joined in Patent Infringement Suit Against Government Awarded Attorneys’ Fees for Defending Baseless Infringement Claim; Giesecke & Devrient GbmH v. United States, COFC 17-1812CFebruary 5, 2020
Check Your Privilege: Documents Prepared as Part of Government’s Claims Investigation Not Protected by Work Product Doctrine; Ingham Regional Medical Center et al. v. United States, COFC No. 13-821January 27, 2020
COFC Has Jurisdiction Under the CDA to Grant Declaratory Relief; Raytheon Company v. United States, COFC No. 19-883CJanuary 24, 2020
Government’s Claim for Undelivered Golf Cart Batteries Slammed Faster than a Country Club Martini; Appeal of Club Car, Inc., ASBCA No. 61710January 23, 2020
Contract Ambiguity that Can Only Be Resolved with External Evidence Precludes Summary Judgment; InterImage, Inc. v. United States, COFC Nos. 15-582C & 16-1300CJanuary 23, 2020
CBCA Declines to Stay Appeal Pending Negotiation of Termination Settlement; Williams Building Company, Inc. v. Department of Veterans Affairs, CBCA 6559, 6647January 22, 2020
CBCA Finds that GSA Shortchanged Construction Contractor by Over $12 Million; Suffolk Construction Company Inc. v. General Services Administration, CBCA 2953, 2954, 2955, 3596, 4377, 5006January 21, 2020
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.January 14, 2020
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, 60529January 14, 2020
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. 15-16CJanuary 9, 2020
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, 61625January 9, 2020
“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, 60941January 8, 2020
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, 62089January 7, 2020
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. 2019-1330January 7, 2020
Contractor’s Post-Appeal Correction of REA Certification to Conform to CDA Certification Requirements is All Good; Appeal of Kirlin Builders, LLC, ASBCA No. 61901January 6, 2020
ASBCA Reverses Itself, Grants Government’s Motion for Reconsideration; Appeals of DCX-CHOL Enterprises, Inc., ASBCA Nos. 61636, 61637January 6, 2020
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, 5816January 3, 2020
