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CBCA Decisions 2007-2012 |
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2012 Lacey Newday Consulting LLC v. DOJ, CBCA 2782, 2832 (Dec. 19, 2012) (denies claim because, under RFQ, contractor accepted, contractor accepted Government's "offer" (purchase order) by delivering in accordance with purchase order) Donald P. Wood v. GSA (Nov. 28, 2012) (denies claim for partial refund of purchase price paid in online auction because claimant failed to prove the items he received were not as described in the auction and failed to comply with the requirements for making such claims in the contract) Amin Farnam v. Dept. of Treas., CBCA 2870-R (Nov. 21, 2012) (affirms earlier decision on reconsideration) KK&L Administration, Inc. v. Dep. of Int., CBCA 2802 (Nov. 15, 2012) (dismissed appeal for lack of jurisdiction because subcontractor purporting to be prime's representative actually filed the notice of appeal) Jerome T. Dunbar v. GSA, CBCA 1897 (Nov. 15, 2012) (upholds default termination of sales contracts resulting from online auction after buyer failed to pick up items by extended deadline for doing so) Jane Mobley Assocs. v. GSA , CBCA 2878 (Nov. 14, 2012) (claim that Government breached covenant of good faith and fair dealing by issuing modification that changed payment practices does not require showing of bad faith by the Government) Sigma Services, Inc. v. HUD , CBCA 2704 (Nov. 5, 2012) (contractor claim that Government breached implied covenant of good faith and fair dealing does not require a showing of bad faith by the Government) MJL Enterprises, Inc. v. VA, CBCA 2708 (Oct. 25, 2012) (denies motion for summary judgment; disputed issues of fact remain as to whether general releases in bilateral amendments cover claims before the Board; facility being constructed is "nonprofit hospital" under Michigan law and, therefore, was entitled to sales tax exemption) Power Wire Constructors v. DOE, CBCA 2057-R (Oct. 15, 2012) (denies motion for reconsideration that asserts contrary position to one taken by contractor in original litigation) Amin Farnam v. Dept. of Treas., CBCA 2870 (Oct. 5, 2012) (summary denial of claim for cost of repairs to vehicle bought at "as is" auction) Cecelia Sutton v. GSA, CBCA 2810 (Oct. 4, 2012) (dismisses appeal for failure to prosecute after appellant failed to respond to and comply with several Board orders) Shaw Areva Mox Services, LLC v. DOE, CBCA 2407 (Sep. 28, 2012) (denies Government's motion for summary relief because Contracting Officer's prior determination that costs were not reasonable under FAR 31.201-3 is not binding on the Board) Airclaims, Inc. v. Dep. of Int., CBCA 2554 (Sep. 27, 2012) (contract interpretation; contract is plain and unambiguous and does not require Government to compensate the contractor for its employees' time spent in airplane travel) Healthy Resources Enterprise, Inc. v. Dep. of Int., CBCA 2477 (Sep. 24, 2012) (dismisses appeal for failure to prosecute) URS Energy & Construction, Inc. v. DOE, CBCA 2260-R (Sep. 20, 2012) (denies Government's motion for reconsideration (based on sovereign immunity and Anti-Deficiency Act grounds) of prior decision) Eagle Peak Rock & Paving v. Dep. of Int., CBCA 2770 (Sep. 19, 2012) (dismisses direct subcontractor appeal brought under third party beneficiary theory for lack of CDA jurisdiction--no privity of contract with the Government and third party beneficiary arguments apply only to appeals in court pursuant to Tucker Act) GTSI Corp. v. EEOC and GSA, CBCA 2718, 2719 (Sep. 14, 2012) (Board has jurisdiction only over appeal involving ordering agency under GSA FSS contract where actions of ordering agency and not terms of FSS contract are the issue in dispute) Jacob Construction LLC v. VA, CBCA 2838 (Sep. 13, 2012) (dismisses appeal as untimely where there is no evidence Contracting Officer was reconsidering original decision, even though Contracting Officer was considering other claims related to same contract) Singleton Enterprises v. DHS, CBCA 2771 (Sep. 11, 2012) (upholds Contracting Officer's decision to deny various elements of convenience termination claim for lack of proof, tardiness in providing notice to Government, and costs incurred despite lack of notice to proceed) Power Wire Constructors v. DOE, CBCA 2057 (Aug. 30,2012) (partially grants elements of each cross motion for summary judgment on various construction contract claims) Primetech v. DHS, CBCA 2453, 2560 (Aug. 28, 2012) (dismisses appeal with prejudice because extrinsic evidence will not be permitted to vary terms of bilateral settlement agreement, which only required specified payment from Government, not expunging default termination from records) IAP World Services, Inc. v. Dept. of Treas., CBCA 2633 (Aug. 13, 2012) (under fixed-price contract, contractor is not entitled to extra costs of snow removal in winter when three times the normal amount of snow fell) Omni Pinnacle, L.L.C. v. Dept. of Agr., CBCA (Aug. 9, 2012) (denies government motion to dismiss for lack of CDA jurisdiction; contractor's allegation that Government's actions under cooperative agreement created an implied-in-fact procurement contract is sufficient to establish jurisdiction and to permit it to conduct discovery to try to prove that allegation) ePlus Technology, Inc. v. FCC, CBCA 2573 (Aug. 1, 2012) (denies motion to dismiss for lack of jurisdiction; submission labeled both as a termination for convenience settlement proposal and a claim, properly certified, with a request for a Contracting Officer's decision was a CDA claim that could be appealed as deemed denied after the Contracting Officer failed to respond to it for six months) URS Energy & Construction, Inc. v. Dept. of Energy, CBCA 2260 (June 29, 2012) (contractor entitled to recover amount paid to surety under supersedeas bond as reimbursement of an indemnity obligation incurred pursuant to the bond) Papa Franks v. DOJ, CBCA 2779 (June 28, 2012) (under blank purchase agreement for meals for those within custody of U.S. Marshals Service, contractor is not entitled to any amounts other than the fixed-price per meal for any meals actually ordered) URS Energy & Construction., Inc. v. Dept. of Energy, CBCA 2589 (May 30, 2012) (dismisses appeal for lack of jurisdiction because attempt at certification was so deficient that it could not be cured) Monster Government Solutions, LLC V. DOJ, CBCA 2834 (May 24, 2012) (grants contractor's unopposed motion to have Board issue order directing Contracting Officer to issue decision on claim) CPR Restoration, LLC v. VA, CBCA 2735 (May 3, 2012) (dismisses appeal because appellant did not have contract with agency and appears to have been only a subcontractor, with no right of direct appeal) Bannum, Inc. v. DOJ , CBCA 2686-R (Apr. 25, 2012) (grants motion for reconsideration of prior decision dismissing claim as time barred because contractor had complained of acts by the Government that occurred after the six-year time bar beginning date) D&M Grading, Inc. v. Dept. of Agr., CBCA 2625 (Apr. 24, 2012) (upholds Default termination because conditions encountered by contractor under roadway vegetation maintenance contract did not amount to Type I or Type II Differing Site Condition) ASP Denver, LLC v. GSA, CBCA 2618 (Apr. 11, 2012) (denies motion to dismiss for lack of sum certain because fact that real estate tax assessment is under appeal to taxing authority does not change fact that contractor claimed a definite amount) Singleton Enterprises v. Dept. of Agr., CBCA 2136 (Apr. 10, 2012) (upholds default termination after reinstatement because no reasonable prospect that contractor could meet revised completion date and no impossibility of performance due to allegedly defective specs) The Carrington Group, Inc. v. VA, CBCA 2091 (Apr. 2, 2012) (contract stating it was indefinite delivery/indefinite quantity contract, but lacking any stated minimum quantity, is defective and contractor is entitled only to "only to the compensation agreed upon in the contract attributable to the work performed, with the reasonable value of the work measured by the contract prices"; denies claim submitted long after conclusion of contract performance for services not listed in contract schedule absent proof Government ordered the services) House of Joy Transitional Programs v. SSA, CBCA 2535 (Mar. 29, 2012) (denies various payment, termination, and harassment claims by pro se litigant as entirely unsupported) The Timber Harvester, Inc. v. Dept. of Agr., CBCA 2492 (Mar. 29, 2012) (contract interpretation; denies Government's claim for allegedly uncut timber under scaled salvage timber sale contract because Government did not proved remaining timber met contract's utilization standards, as defined by its sawtimber and merchantability descriptions) Fluor Intercontinental, Inc. v. Dept. of State, CBCA 490, et al. (Mar. 28, 2012) (construction contract claims; Government did not warrant that infrastructure would be in place at the construction site; denies claim for extra costs associated with pier foundations because contract contained only performance specification and placed risks of site investigation and faulty design on contractor; changes in contractor's design for perimeter wall were its own responsibility; constructive acceleration claim is denied because contractor did not give proper notice to Contracting Officer and did not receive directions to accelerate from Contracting Officer)
CDA, Inc. v. SSA, CBCA 1558 (Mar. 28, 2012) (upholds (i) termination
for cause for late delivery despite lack of cure notice because
contractor failed to meet numerous schedules and reported it could not
timely meet other contract requirements and (ii) assessment of excess
reprocurement costs on commercial items contract because Government
showed (a) the reprocured supplies or services were the same as or
similar to those involved in the termination; (b) the Government
actually incurred excess costs; and (c) the Government National Fruit Product Co. v. Dept. of Agr., CBCA 2445 (Mar. 26, 2012) (contractor's late deliveries were not result of excusable delays but Government's calculation of liquidated damages was incorrect) Veleta Corp. v. Dept. of Agr., CBCA 2199 (Mar. 14, 2012) (changes claim; no evidence of work beyond that required by specs or of increased costs caused by allegedly extra work) Walsh/Davis Joint Venture v. GSA, CBCA 1460 (Mar. 13, 2012) (unambiguous sentence in contract modification barred construction subcontractor's claims for cumulative labor inefficiency) Bannum, Inc. v. DOJ, CBCA 2686 (Mar. 6, 2012) (dismisses appeal as barred by CDA's six-year statute of limitations) JRS Management v. DOJ, CBCA 2475 (Mar. 1, 2012) (dismisses appeal for lack of jurisdiction (no contract) because contractor responded to government order for services by announcing it was substituting different individual from the one specified in the order, thus making a counteroffer the Government refused to accept) Side Bar and Assocs. v. HHS, CBCA 2279 (Feb. 21, 2012) (denies government motion to dismiss part of appeal from deemed denial of claim because Contracting Officer belatedly issued a decision on part of claim) Lawrence Jackson v. GSA, CBCA 2631 (Feb. 17, 2012) (dismisses appeal for failure to prosecute after appellant repeatedly ignored Board's order to file Complaint) Hillcrest Aircraft Co. v. Dept. of Agr., CBCA 2317 (Feb. 6, 2012) (denies contractor's claim for reimbursement of federal excise taxes in contract containing commercial item tax clause at FAR 52.212-4(k)) Whiteriver Construction, Inc. v. Dept. of Int., CBCA 2349 (Feb. 2, 2012) (letter submitted to Contracting Officer labeled as "final certified claim" and including CDA certification constituted CDA claim) TKC Aerospace, Inc. v. DHS, CBCA 2119 (Jan. 31, 2011) (contract made contractor responsible for costs of repairing corrosion in aircraft it was leasing to the Government and for costs of "downtime" during such repairs) Sharp Electronics Corp. v. GSA, CBCA 2404 (Jan. 26, 2012) (purchase order provision for cancellation charges if Government did not extend 48 month lease-to-own term beyond first 12-month period was valid and enforceable against the Government) Aaron O'Daniel v. GSA, CBCA 2458, 2459 (Jan. 25, 20112 (appeal dismissed for failure to prosecute) Dr. Lewis J. Goldfine v. SSA, CBCA 2549 (Jan. 24, 2012) (dismisses claim never submitted to Contracting Officer or decision; and claim for cancellation of BPA because a BPA is not a contract) Rafael Portillo v. GSA, CBCA 2516 (January 24, 2012) (Government complied with unambiguous lease provision that permitted it to terminate lease with 60-day advance notice) Singleton Enterprises v. Dept. of Agr., CBCA 1981 (Jan. 13, 2012) (denies post-award unilateral mistake-in-bid claim because of lack of evidence (i) of what bid would have been absent the alleged mistake or (ii) that government knew, or should have known, of mistake prior to award) Otis Elevator Co. v. GSA, CBCA 2466 (Jan. 12, 2012) (nonprecential; elevator maintenance contractor responsible for costs of replacing failed cotter pin) USCS Chemical Chartering LLC v. AID, CBCA 2058 (Jan. 11, 2012) (dismisses appeal; since bankrupt firm failed to list claim among schedule of assets, its successor in interest lacks standing to prosecute claim) 2011 Janssen Contracting, Inc. v. Dept. of Int., CBCA 2335 (Dec. 15, 2011) (denies unilateral mistake in bid claim) Americom Government Services v. GSA, CBCA 2294 (Dec. 2, 2011) (denies government motion to dismiss because there are factual questions in dispute concerning whether a contract existed) Endless Gutter & Sheet Metal Co. v. Dept. of Agr., CBCA No. 2571 (Dec. 1. 2011) (no jurisdiction over appeal from denial of claim that was not issued by Contracting Officer) CTI Global Solutions, Inc. v. DOJ, CBCA 2498 (Nov. 28, 2011) (dismisses most of contractor's claim for increased labor rates resulting from increases in wage determinations because parties agreed on rates to be paid after wage determinations were issued) Heritage of America, LLC v. VA, CBCA 1945 (Nov. 28, 2011) (denies agency's motion to dismiss; claim did specify sum certain; waiver and accord and satisfaction defenses are not explained adequately) Reliable Contracting Group, LLC, v. VA, CBCA 1539 (Nov. 16, 2011) (various quantum elements in changes claim by contractor on behalf of subcontractor) W. G. Yates and Sons Construction Co. v. GSA, CBCA 1495-R (Nov. 9, 2011) (denies Government's motions to submit new evidence and to reconsider the Board's prior decision concerning the proper measure of equitable adjustment after retroactive correction of erroneous Davis Bacon Act wage determination originally included in contract) Merchant's Automotive Group, Inc. v. DHS, CBCA 2362 (Nov. 3, 2011) (contractor not entitled to relief from terms of vehicle lease based on unilateral, unfounded error in judgment not communicated to the Government prior to award) Merlin International, Inc. v. DHS, CBCA 1012, 2570 (Oct. 28, 2011) (Government did not breach contract by failing to exercise option) Absolute Software, Inc. v. Dept. of Commerce, CBCA 2361 (Oct. 27, 2011) (denies Government's motion to dismiss because whether contract contains certain clause by operation of Christian Doctrine and Government's rights whether it does or does not contain clause are both questions that require further development) TST Tallahassee, LLC v. VA, CBCA 2472-C(1576) (Oct. 18, 2011) (starting date for EAJA fee recovery; requirements for COLA; recoverability of paralegal fees) George Howell dba Earth Sense, Inc. v. GSA, CBCA 2520 (Oct. 18, 2011) (upholds agency's assessment of liquidated damages for purchaser's failure to pay for auction item) Moshe Safdie and Assocs. v. GSA, CBCA 2386 (Oct. 13, 2011) (re-design remedy stated in "Design Within Funding Limitations" clause (FAR 52.236-22) does not per se bar Government from seeking consequential or actual damages) Living Tree Care Inc. v. Dept. of Int., CBCA 2008, 2204 (Oct. 5, 2011) (denies various claims by storm, clean-up contractor because the work was required by the contract and because contractor is responsible for costs associated with improper actions by its subcontractor) Rockies Express Pipeline LLC. v. Dept. of Int., CBCA 1821 (Sep. 27, 2011) (government breach of Precedent Agreement and firm transportation service agreement; Government's breach by failing to execute firm transportation service agreement; reservation charges) KDI Development, Inc. v. GSA, CBCA 2075 (Sep. 20, 2011) (CDA statute of limitations: agency may recoup overpayments for operating costs it made to contractor under lease only for period of six years prior to date agency provided contractor with claim for such overpayments) Trygve Dale Westergard v. GSA, CBCA 2522 (Sep. 15, 2011) (refuses to dismiss appeal to Board as untimely because the Government could not prove when the contractor received a decision sent to it by email) Eyak Technology, LLC v. DHS, CBCA 1975 (Sep. 2, 2011) (Contracting Officer lacked authority to unilaterally impose reporting requirements of American Recovery and Reinvestment Act of 2009 on contractor midway through contract by unilaterally inserting FAR 52.204-11 in contract) Samuel A. Rubino v. AID, CBCA 2127 (Sep. 1, 2011) (denies government motion for summary relief because it presents no new grounds apart from those earlier disposed of in prior decision) URS Energy & Construction, Inc. v. DOE , No. 2260 (July 28, 2011) (party that assumed contract by novation is proper party to pursue appeal) Alpine Armoring, Inc. v. GSA, No. 2460 (July 27, 2011) (dismisses bid protest for lack of CDA jurisdiction) Walsh/Davis Joint Venture v. GSA, CBCA 1460 (July 20, 2011) (denies Government's motion for summary judgment because contractor presented evidence that the parties did not intend a seemingly unambiguous general release to cover the subcontractor claim at issue) DeLeon Industries, LLC v. VA, CBCA 986 (July 12, 2011) (Government's breach of one contract does not entitle contractor to lost profits on other contracts it might have received if it had not lost bonding capacity due to breach; contract interpretation; course of dealing; government attempt to enforce requirement it previously had waived) Red Gold, Inc. v. Dept. of Agriculture, CBCA 2259 (July 6, 2011) (dismissed for lack of jurisdiction: letters to Contracting Officer did not state a sum certain, did not request a decision and did not contain a CDA certification) National Housing Group, Inc. v HUD, CBCA 340-R, 341-R (July 6, 2011) (denies motion for reconsideration that did not state any basis for the action requested) Ryll International, LLC v. Dept. of Transportation, CBCA 1143 (June 30, 2011) (upholds termination for cause because contractor's failures to perform were caused by its subcontractors, not the Government) Walsh/Davis Joint Venture v. GSA, CBCA 1460 (June 2, 2011) (denies GSA's request for reconsideration of Board's original decision) Design One Building Systems, Inc. v. VA, CBCA 2423 (May 27, 2011) (Board fixes date by which Contracting Officer is required to issue decision on claim) Navigant Satotravel v. GSA, CBCA 449 (May 26, 2011) (Government not required to certify its CDA claim against contractor) KDI Development, Inc. v. GSA, CBCA 2075 (Apr. 20, 2011) (Government may offset amounts due it under one lease against amounts it owes under second lease with same contractor) Walsh/Davis Joint Venture v. GSA, CBCA 1460 (Apr. 13, 2011) (grants appeal for constructive changes required by architect) In-Finn-Ity Geotech Service, v. Dept. of Int., CBCA 975 (Mar. 31, 2011) (Government breached covenant of good faith and fair dealing by refusing to allow contractor to use method of performance permitted by specifications) Samuel A. Rubino v. AID, CBCA (Mar. 22, 2011) (denies Government's motion for summary judgment because, whether government official had authority to make certain representations to the contractor is a disputed issue of fact) Singleton Enterprises-GMT Mechanical v. VA, CBCA 1966 (Mar. 17, 2011) (VA changed construction contract by directing contractor to attach insulation to roof in a manner different from that stated in the specifications) Doracon, Inc. v. GSA, CBCA 1798 (Mar. 17, 2011) (dismisses appeal with prejudice for failure to prosecute after contractor repeatedly ignored board orders) BIP, Inc. v. DHS, CBCA 2216 (Mar, 15, 2011) (dismisses appeal for failure to file appeal within 90 days of contracting officer's decision) TKC Aerospace v DHS, CBCA 2119 (Mar, 10, 2011) (denies Government's motion to dismiss as incomprehensible) Serco, Inc. v. Pension Benefit Guaranty Corp., CBCA 1695, 2156 (Mar. 10, 2011) (nothing improper with Contracting Officer issuing second decision seeking additional sums from the contractor after appeal of first decision already had been filed) The Boeing Co. v. DOE, CBCA 337, et al. (Mar. 8, 2011) (grants contractor's motion for summary judgment that it is entitled to costs of defense of qui tam suit (in which it was ultimately found not liable) from the time the suit was originally filed until the Government intervened as plaintiff) Diamante Contractors, Inc., v. Dept. of Interior, CBCA 2017 (Feb. 8, 2011) (dismisses appeal filed more than 90 days after default termination based on unilateral contract modification, not labeled as a Contracting Officer's decision, that notified the contractor the Government might reprocure and charge the contractor's account) (January 14, 2013, Note--I cannot locate a working link to this decision on the CBCA's redesigned website) Hillcrest Aircraft Co. v. Dept. of Agriculture, CBCA 2233 (Feb. 3, 2011) (dismisses uncertified claim in excess of $100,000) Oce´ North American, Inc. v. HHS, CBCA 2115 (Feb. 3, 2011) (denies motion for summary judgment because of material issues of contested fact) A To Z Wholesale v. Dept. of Homeland Security, CBCA (Feb. 2, 2011) (no recovery for violin and case purchased at "As Is" auction that conformed to its description in auction catalogue but did not turn out to be as valuable as the name on its case indicated it would be) Marut Testing & Inspection Services, Inc. v. GSA, CBCA 1325 (Feb. 1, 2011) (contractor's delay of 14 years in submitting claim during which time agency destroyed the underlying contract document in accordance with normal document retention policies means its claim is barred by laches) TST Tallahassee, LLC v. VA, CBCA 1576 (Jan. 28, 2011) (government responsibility for payment of increased real estate taxes over base year taxes under real property lease; contract interpretation; unexpressed interpretation of only one party) Serco, Inc. v. Pension Benefit Guaranty Corp. CBCA 1695 (Jan. 14, 2011) (under the "Payments Under Time and Materials Labor Hours Contract" clause, contractor is entitled to government reimbursement only for amounts it actually paid subcontracted employees) Healthcare Technology Solutions International v. VA, CBCA 2137, 2141 (Jan. 14, 2011) (bilateral modification in non-construction contract, which was not signed under duress, was not the basis for either a cardinal change claim nor a differing site condition) J. Goodison Co. v. Dept. of Homeland Security, CBCA (Jan. 13, 2011) (disputed facts preclude summary judgment as to responsibility for costs of repairing equipment damaged during installation and remobilizing after the incident) Mattress Makers, Inc. v. GSA, CBCA 2176 (Jan. 6, 2011) (appeal dismissed for failure to file within 90 days of Contracting Officer's decision) 2010
W. G. Yates & Sons Constr. Co. v. GSA, CBCA 1495 (Dec. 21, 2010) (proper measure of equitable adjustment after retroactive correction of erroneous Davis Bacon Act wage determination originally included in contract) 6th and E Assocs. v. GSA, CBCA 1804 (Dec. 17, 2010) (grants motion to amend complaint) Nu-Way Concrete Co. v. Dept. of Homeland Security, CBCA 1411 (Dec. 16, 2010) (denies claim for extra work under constructive change and implied ratification theories because Contracting Officer did not require the extra work allegedly ordered by the inspectors and warned the contractor not to do extra work; contractor's proof of quantum conflicted with its certification of costs and was "inconsistent, incredible, and incomprehensible") Robert P. Nurre v. Dept. of the Interior, CBCA 2059 (Dec. 16, 2010) (dismisses appeal for lack of jurisdiction absent Contracting Officer's decision on government claim) The Boeing Co. v. Dept. of Energy, CBCA 337 et al. (Dec. 14, 2010) (contractor not entitled to recover "common costs" (i.e., costs attributable to both successful and unsuccessful portions) of defense against FCA suit) Lockheed Martin Aspen Med Services, Inc. v. HHS, CBCA 2054 (Dec. 8, 2010) (Board has CDA jurisdiction over appeal of denial of claim filed by one member of contractor team arrangement because each team member was in privity of contract with the Government) Shawn Montee, Inc. v. Dept. of Agriculture, CBCA 94, et al (Dec. 8, 2010) (denies motion for summary judgment as to meaning of environmental suspension clause in timber sales contract) Macrosystems v. GSA, CBCA No. 2158 (Dec. 6, 2010) (lack of CDA jurisdiction because contractor did not file claim following termination for convenience) Arun Enterprises, Inc. v. GSA, CBCA 1115 (Nov. 23, 2010) (upholds GSA claim for unpaid rent and capital improvement deposits under building lease because contractor presented no credible evidence to support its claim it was entitled to any adjustments to claimed amounts) Champion Business Services v. GSA, CBCA 1735-R, 1736-R (Nov. 10, 2010) (on reconsideration, awards interest to contractor on amount found due in prior decision) 6th and E Assocs., LLC v. GSA, CBCA 1802 (Nov. 4, 2010) (denies cross motions for summary judgment on contract interpretation issue of which party to lease is responsible for repairs) Whiteriver Construction, Inc., CBCA 2045 (Nov. 3, 2010) (dismissed for lack of CDA jurisdiction because claim not certified) Tomas Olivas Ibarra v. Dept. of Homeland Security, CBCA 1986 (Oct. 15, 2010) (denies claim for refund of purchase price of car bought at auction which subsequently turned out to have been reported as stolen in Mexico--no warranty apart from warranty that car would be properly described) Charleston Marine Containers, Inc. v. GSA, CBCA 1834 (Sep. 23, 2010) (grants summary relief to contractor on its interpretation of FAR 52.247-64 ("Preference for Privately-Owned U.S.-Flag Commercial Vessels") and DFARS 252.247-7023 ("Transportation of Supplies by Sea") because neither of those clauses nor anything else in the contract mentioned the possibility that the contractor would be required to use Priority Two (P2) service) Giljoy Technology, Inc. v. HUD, CBCA (Sep. 24, 2010) (dismisses, for lack of jurisdiction, appeal of claim based on contract awarded by city of Houston, Texas) TKC Aerospace v. Dept. of Homeland Security, CBCA 2119 (Sep. 24, 2010) (grants limited suspension of appeal to give Government additional time to issue final decision) Rockies Express Pipeline, LLC v Dept. of Interior, CBCA 1821 (Sep. 8, 2010) (denies Government's motions to dismiss for lack of jurisdiction; "Precedent Agreement" was contract within meaning of CDA; clause in agreement purporting to give exclusive jurisdiction to federal district court must give way to CDA forums) Eyak Technology, LLC v. DHS, CBCA 1975 (Sep. 2, 2010) (agency improperly imposed reporting requirements on contractor without required notice to contractor) Champion Business Services v. GSA, CBCA 1735, 1736 (Aug. 26, 2010) (denies contractor's claims; contract interpretation; interpreting delivery orders in harmony with underlying contract; contractor failed to inquire concerning ambiguity) Eyak Technology, LLC v. DHS, CBCA 1975 (Aug. 24, 2010) (denies motion to dismiss appeal for lack of jurisdiction because breach of contract allegations and request for damages in complaint are sufficient even though other parts of complaint request relief the Board cannot grant) (January 14, 2013, Note--I cannot locate a working link to this decision on the CBCA's redesigned website) Springcar Co. v. GSA, CBCA 1310-R, 1539-R (Aug. 19, 2010) (denies motion to re-open record and reconsider earlier decision) DSS Services, Inc. v. GSA, CBCA 1093 (Aug. 13, 2010) (Government required to pay for equipment it ordered; no contract modification required since equipment was within scope of contract) Tenderfoot Equipment Services v. Dept. of Agriculture, CBCA 1865 (July 29, 2010) (no CDA jurisdiction over appeal based on Government's refusal to offer services to appellant under an emergency equipment rental agreement because it is a BPA, which, without more, is not a contract) Homesource Real Estate Asset Services, Inc. v. HUD, CBCA 860 (July 23, 2010) (grants Government's unopposed motion for summary relief as to its claim for recovery of unearned discounts) ALK Services, Inc. v. VA, CBCA 1789 (July 7, 2010) (denies Government's motion for summary judgment; ordering guaranteed minimum quantity on ID/IQ contract does not automatically foreclose claim for breach for failure to consider contractor for additional work) G & R Service Co. v. GSA, CBCA 1876 15, (July 2010) (demands for "not-to-exceed" amounts did not constitute claims for sum certain) Walsh/Davis Joint Venture v. GSA, CBCA 1460 (July 8, 2010) (denies motion to reconsider earlier decision refusing to dismiss claim for lack of jurisdiction) Pearson E. Dubar v. Dept. of Agriculture, CBCA 1895 (June 29, 2010) (dismisses appeal for lack of jurisdiction because there was no contract between the appellant and the Government--oral assurances by a government official who was not a Contracting Officer did not create a contract) Global Ship Systems, LLC v. Dept. of Homeland Security, CBCA 923 (June 25, 2010) (dismisses appeal because Government fulfilled terms of settlement agreement even though it applied amount owed to contractor to offset contractor's debt on another contract) Ron Anderson Construction Co. v. VA, CBCA 1884 et al. (June 23, 2010) (denies Government's motion to dismiss for lack of jurisdiction because contractor's submissions impliedly requested decisions by Contracting Officer) CCJN & Co., Architects & Planners, PC v. GSA, CBCA 821, 1891 (June 10, 2010) (change of counsel and illness of counsel did not excuse untimely request for reconsideration of dismissal for failure to prosecute) Robert Stanley Assocs. v. Dept. of Justice, CBCA 1756 (June 10, 2010) (appeal dismissed for failure to prosecute after repeated failures to comply with board orders) Thunderhoof Ranch v. Dept. of Int., CBCA 1554, 1579 (June 4, 2010) (contractor not entitled to damages under "Liquidated Damages" clause for late payments by Government, but instead was properly compensated with interest pursuant to the Prompt Payment Act) Navigant Satotravel v. GSA, CBCA 449 (May 28, 2010) (Industrial Funding Fees; denies motion for summary judgment in quantum phase because it is disguised entitlement argument that already has been decided) Geo-Imaging Consulting, Inc. v. EPA, No. (May 25, 2010) (refuses to dismiss for failure to prosecute because there are no egregious, repeated failures to comply with board orders) Sigal Construction Corp. v. GSA, No. 508 (May 13, 2010) (grants contractor's motion for summary judgment only as to entitlement; contractor entitled to recover lost profits when, after award, Government did not provide it with contractual unit-priced work but sought a better price from another contractor; constructive termination for convenience) CCJN & Co., Architects & Planners, P.C. v. GSA, CBCA Nos. 821, 1891 (Apr. 21, 2010) (dismissed for failure to prosecute, including failure to respond to discovery requests and failure to comply with Board orders) North Wind, Inc. v. Dept. of Agriculture, CBCA No. 1779 (Apr. 21, 2010) (dismisses portion of claim not submitted to Contracting Officer for decision; Differing Site Conditions) Cooper Contracting, Inc v. Dept. of Agriculture, CBCA 1888 (Apr. 15, 2010) (Government not liable for damages caused by tree that fell on contractor's fire engine because position of vehicle was not a result of government employee's negligence or wrongful acts) Springcar Co., LLC v. GSA, CBCA 1310, 1530 (Mar. 26, 2010) (disputes related to alleged increased electrical costs under lease) David M. Hoffman v. GSA, CBCA 1751 (Mar. 18, 2010) (auction sale was enforceable) Tolano Anderson Contracting v. Dept. of Veterans Affairs, CBCA 1312 (Mar. 11, 2010) (negotiations did not create oral lease) C-Shore International, Inc. v. Dept. of Agriculture, CBCA 1696, 1697 (Mar. 1, 2010) (upholds default termination; Government's claims for liquidated damages and excess reprocurement costs were filed within CDA's six-year statute of limitations; dismisses contractor's cross complaint for lack of jurisdiction because it was not submitted to Contracting Officer for decision) Parkview Engraving v. Dept. of Veterans Affairs, CBCA 1564 (Feb. 23, 2010) (contract interpretation; plain meaning) Network Ambulance Services v. Dept. of Veterans Affairs, CBCA 1402 (Feb. 19, 2010) (contract interpretation; timing of contract expiration by its terms) Medtek, Inc. v. Dept. of Veterans Affairs, CBCA 1544 (Feb. 4, 2010) (failure of proof re alleged excess costs; lost profits; and attorney fees) Global Construction, Inc. v. Dept. of Veterans Affairs, CBCA 1198 (Jan. 28, 2010) (sustains default termination because Contracting Officer had reasonable basis to conclude contractor could not perform remaining work within the contract schedule) James R. Duyon v. GSA, CBCA 1745 (Jan. 14, 2010) (no proof of unilateral mistake in bid to justify remission of liquidated damages for failure to complete terms of purchase in online GSA auction)
2009 Geo-Imaging Consulting, Inc. v. EPA, CBCA 1712 (Dec. 7, 2009) (CDA jurisdiction; timeliness of appeal; dismisses appeal not filed within 90 days after Contracting Officer's decision) Randy Preston v. GSA, CBCA 1465 (Dec. 3, 2009) (GSA auction; no misdescription of items sold as is) Opportunities for the Aging Housing Corp. and Opportunities for the Aging Housing Corp. II v. HUD, CBCA 1501 (Nov. 24, 2009) (dismisses appeal for lack of jurisdiction over agreements involving management of facilities by public housing authorities, including HAP agreements, even though they were funded by HUD) Javis Automation & Engineering, Inc. v. Dept. of Interior, CBCA 938 (Nov. 13, 2009) (partial summary judgment for the Government--contract required payment for task orders on CPFF, not T&M, basis) R.C. Professional Services, Inc. v. DHS, CBCA 775 (Nov. 12, 2009) (summary judgment for Government upholding termination for default) Sage Western Investments v. GSA, No. CBCA 1680 (Nov. 3, 2009) (denies government motion to dismiss contractor's claim; contractor may alternative theories of recovery in breach and pursuant to relief-granting clauses of contract, e.g., the "Changes clause") Medtek, Inc. v. Dept. of Veterans Affairs, CBCA 1544 (Oct. 27, 2009) (declines to dismiss appeal for failure to prosecute but imposes evidentiary sanctions for contractor's failure to comply with discovery orders issued by Board) V.I.C. Enterprises, Inc. v. Dept. of Veterans Affairs, CBCA 1598 (Oct. 26, 2009) (denies cross motions for summary judgment on propriety of termination for convenience) In the Matter of Dannette Wood, CBCA 1681-C (1393-RELO) (Oct. 21, 2009) (recovery by federal employee of travel expenses does not "adversary adjudication" within the meaning of the EAJA--so the Board is without jurisdiction to award attorneys fees) Serco, Inc. v. Dept. of Agriculture, CBCA 1268 (Oct. 6, 2009) (denies government motion for partial summary judgment on various aspects of contractor's claims) Genome Communications v. NASA, CBCA 1719 (Oct. 6, 2009) (dismissed for lack of CBCA jurisdiction over claims involving NASA) Wackenhut International, Inc. v. Dept. of State, CBCA 1235 (Sep. 22, 2009) (dismissed appeal by just one member of joint venture/contractor for lack of jurisdiction because the joint venture/contractor as a whole was the only party entitled to bring the appeal) General Heating & Air Conditioning, Inc. v. GSA, No. 1242 (Sep. 22, 2009) (denies Government's motion for summary judgment that the appeal be dismissed because the Government's assertion that the subcontractor/joint venture partner performed an important part of the contract did not establish a violation of the Anti-Assignment Act) Duffy Incorporated v. Dept. of Agriculture, CBCA 1369 (Sep. 10, 2009) (dismissed for failure to state claim upon which relief can be granted; failure to submit claim to Contracting Officer within time required by contract) Libbey Physical Medicine Center and Hot Springs Health Spa v. Dept. of Interior, CBCA 1305 (Sep. 9, 2009) (denies joint motion by both parties to vacate prior CBCA decision) Salt River Pima-Maricopa Indian Community v. DOE, CBCA 1193 (Aug. 31, 2009) (CDA "election doctrine"; dismissed for lack of jurisdiction because identical case is pending in Court of Federal Claims) Jon S. Waldrup v. Dept. of Agriculture, CBCA 1634 (Aug. 25, 2009) (dismissed for lack of jurisdiction because Contracting Officer's decision has not yet been issued on contractor's claim) Bowers Investment Co, LLC v. DOT, CBCA 1196 (Aug. 30, 2009) (claim for government damage to leased property in light of the lease's "Restoration" clause) Corners and Edges, Inc. v. HHS, CBCA 1002-R (Aug. 21, 2009) (motion for recusal and reconsideration denied) Joseph Porsenna v. GSA, CBCA 1528 (Aug. 13, 2009) (dismissal for failure to prosecute) Michael C. Lam v. GSA, CBCA 1472-C(1213) (Aug. 11, 2009) (EAJA; denies as excessive all but a very small part of contractor's claim for legal fees) AFR & Associates, Inc. v HUD, CBCA 946 (Aug. 7, 2009) (agency's decision not to exercise option was not an abuse of discretion or made in bad faith--the agency reasonably determined that the contractor's performance was so deficient that option exercise would not be prudent) Brink's/Hermes Joint Venture v. Dept. of States, CBCA 1188 (July 28, 2009) (contractor entitled to indirect and overhead costs not absorbed as a result of underrun of the lower end of the range of ordering estimates in a nonstandard "Variation in Quantity" clause) EBS/PPG Contracting v. Dept. of Justice, CBCA 1295 (July 23, 2009) (termination settlement proposals; dismissal for failure to submit CDA claim to contracting officer) Navigant Satotravel v. GSA, CBCA 449-R (July 22, 2009) (motion for reconsideration denied) V.I.C. Enterprises, Inc. v. Dept. of Veterans Affairs, CBCA 1089 (July 17, 2009) (dismissed for lack of jurisdiction absent certification of claim to Contracting Officer) Caddell Construction Co. v. GSA , CBCA 717 (July 17, 2009) (implementation of ADR settlement) Frances Spicer v. GSA, CBCA 1532 (July 13, 2009) ("as is" automobile purchase at GSA auction) Pixl, Inc., v. Dept. of Agriculture, CBCA 1203 (July 2, 2009) (untimely appeal under CDA; request to Contracting Officer to reconsider decision made more than 90 days after receipt of decision did not toll or reestablish 90-day appeal period) Edward W. Scott Electric Co., v. Dept. of Veterans Affairs, CBCA 1388 (June 30, 2009) (board lacks CDA jurisdiction over direct appeal filed by subcontractor) Sixth and E Assocs., LLC v. GSA, CBCA 1149 (June 22, 2009) (interpretation of phrase "base year taxes" in Tax Adjustment clause) Behavioral Systems Southwest, Inc. v. DOJ, CBCA 1291 (June 16, 2009) (lack of awareness of a clear contract requirement when bidding is not grounds for an equitable adjustment to comply with that requirement during performance) Cochran Lumber Co. v. Dept. of Agriculture, CBCA 895 (June 2, 2009) (accuracy of government timber estimates; methods of calculating harvested timber) Rigoberto Chavez v. GSA , CBCA 1446 (May 28, 2009)(dismissal for failure to prosecute) Corners and Edges, Inc. v. DHS, CBCA 1002 (May 19, 2009) (res judicata; prior final ASBCA decision in case involving same parties and same claim) Southwestern Security Services v. DHS, CBCA 1264 (May 14, 2009) (claim for extra costs denied because no direction from Contracting Officer to incur them) Sectek, Inc. v. DHS, CBCA 1095 (May 12, 2009) (contractor's agreement to labor rates in bilateral modifications purporting to extend term of contract) Houck Limited v. VA, CBCA 1509 (May 5, 2009) (contract interpretation; ambiguous term) Ocwen Loan Servicing, LLC v. Dept. of Vet. Affairs, CBCA 1073 (Apr. 22, 2009) (grants contractor's appeal from government penalties based on appraisals that the VA failed to produce) Tarheel Specialties, Inc. v. DHS, CBCA 1159 (Apr. 17, 2009) (jurisdiction; certification requirement; whether claim on appeal is new or arises from same operative facts as the one decided by Contracting Officer) DSS Services, Inc., CBCA 1093 (Apr. 16, 2009) (contract funding limits do not prevent payment to contractor if they were reached only because Government improperly charged equipment item to wrong CLIN) West Ridge, LLC v. GSA, CBCA 1230 (Apr. 15, 2009)(interpretation of lease; contra proferentem; patent ambiguity; government acceptance of non-responsive offer) Michael C. Lam v. GSA, CBCA 1213-R (Mar. 25, 2009) (denies motion for rehearing and reconsideration) Steven A. Groshong v. GSA, CBCA 1324 (Mar. 23, 2009) (no recovery for repair costs of property purchased "as is" from Government ) Blackstone Consulting Inc. v. GSA, CBCA 718 (Mar. 20, 2009) ("Inspection" clause; reasonableness of Government's inspections and deductions for unsatisfactory work; claim for retaliation denied; "Mutual Cancellation" clause; duress) Ocwen Loan Servicing, LLC v. Dept. of Vet. Affairs, CBCA 1073 (Mar. 19, 2009) (refusal by Government to produce required discovery and to respond to Board orders regarding same; discovery sanctions against Government) Barrios Distributing, Inc. v. DOJ, CBCA 1323 (Mar. 12, 2009) (contract assigned to contractor risk of damage to beverage dispensers leased by Government; moreover, contractor did not prove machines were damaged upon return or that Government caused the damage) Navigant Satotravel v. GSA, CBCA 449 (Mar. 6, 2009) (DoD task order for travel services was issued under GSA FSS contract and thus contractor owed industrial funding fee (IFF)) Gardner Zemke Co. v. Dept. of Int., CBCA 1308 (Mar. 4, 2009) (dollar amount easily ascertainable from claim is sufficient to fulfill requirement that claim be for a "sum certain"; Government did not warrant that Navajo nation tax would remain the same as it was at time of contract award and, thus, was not responsible for increased costs when it changed; Government did not change tax--Navajo nation did; government personnel who allegedly changed contract lacked actual authority to do so) Libbey Physical Medicine Center and Hot Springs Health Spa v. Dept. of Int., CBCA 1305 (Feb. 26, 2009) (CDA applies to concession contract, one component of which involved "construction, alteration, repair, and maintenance of real property, title to which vested in the Government") Southern Scrap Material Co. v. DOT, CBCA Nos. 1424, 1425 (Feb. 25, 2009) (denies Government's motion to dismiss appeals filed because of the expiration of the 60-day period for the Government to decide claims for less than $100,000) Bobby Abernethy v. GSA, No. 1315 (Feb. 17, 2009) (not even Contracting Officer could verbally change the warranty provisions of surplus truck sales contract) B & M Cillessen Construction Co. v. HHS, CBCA No. 1110 (Feb. 9, 2009) (FAR 52.229-3 does not entitle contractor to price adjustment for Navajo nation tribal tax increase) Delta Air Lines, Inc. v. GSA, CBCA 1306 (Jan. 23, 2009) (entitlement to Prompt Payment Act interest from Government on payments for air travel by government personnel) Corners and Edges v. HHS, CBCA 1322 (Jan. 22, 2009) (dismissal for failure to prosecute; improper demand for free copy of hearing transcript) National Housing Group, Inc. v. HUD, CBCA 340, 341 (Jan. 6, 2009) (ID/IQ contracts; absence of latent ambiguity; minimum quantity requirements; negligent estimates; constructive change; no accord and satisfaction where partial settlement agreement provide for future negotiations) 2008
All Star Metals, LLC v. Dept. of Transportation, CBCA 53 (Dec. 18, 2008) (competing expert valuations of naval ship gun mounts) Devi Plaza, LLC v. Dept. of Agriculture, CBCA 1239 (Dec. 16, 2008) (settlement discussions after Contracting Officer's decision toll 90-day period for filing appeal) Dreamscapes, LLC v. Dept. of the Interior, CBCA 1331 (Dec. 12, 2008) (non-precedential decision under small claims procedure regarding termination for convenience claim) The Boeing Co., Successor-in-Interest of Rockwell International Corp. v. Dept. of Energy, CBCA 337, 338, 339, 978 (Dec. 10, 2008) (defense costs associated with counts in fraud claim where contractor prevailed are recoverable) Gulf Shores, LLC v. Dept. of Homeland Security, CBCA 802 (Dec. 5, 2008) (contract interpretation; contemporaneous interpretation; lack of ambiguity; mutual mistake of fact; failure to prove that Government was mistaken in its view of the facts) Aylward Enterprises, Inc. v. GSA, CBCA 919 (Dec. 3, 2008) (denies claim for extra work performed after contract release was signed; oral assurances by government official lacking authority to change contract) Oregon Woods, Inc. v. Dept. of Interior, CBCA 1072 (Nov. 24, 2008)(Contracting Officer's decision to terminate for convenience a faulty contract whose specifications would require an indeterminate amount of time to review and correct was not an abuse of discretion; no recovery for lost profits or proposal preparation costs after such a termination) Second Street Holdings LLC v. SEC, CBCA 1056 (Nov. 24, 2008) (contract interpretation; plain meaning of contract; clause 15 of a lease did not give the Government the right to require the contractor to install an elevator) Thomas P. Webber v. GSA, CBCA 1266 (Nov. 21, 2008) ("as is" purchase of item from GSAAuctions website) First Flight Limited Partnership v. GSA, CBCA 803 (Nov. 12, 2008) (withholding lease payments for alleged roof leaks; cross motions for summary judgment denied) CH2M HILL Hanford Group, Inc. v. DOE, CBCA 1187 (Nov. 12, 2008) (cross motions for partial summary judgment on issue of breach of duty to cooperate denied) CH2M HILL Hanford Group, Inc. v. DOE, CBCA 708 (Nov. 7, 2008) (cross motions for summary judgment on cost reimbursement contract denied because of a myriad of disputed issues of fact) Alliance Business Enterprises LLC v. GSA, CBCA 1101 (Oct. 29, 2008) (GSA online auction; misdescription of auctioned items; fifteen day rule; waiver) Herre Brothers, Inc. v. Dept. of Veterans Affairs, CBCA 581-R (Oct. 29, 2008) (denies motion for reconsideration because estimate offered as evidence by contractor is extrinsic evidence not sufficient to overcome clear contractual requirement) Paris Brothers, Inc. v. Dept. of Agriculture, CBCA 932 (Oct. 23, 2008) (lack of excusable delays; mechanical breakdowns of subcontractor trucks is not excusable delay) Wheeler Logging Inc. v. Dept. of Agriculture, CBCA 97 (Oct. 10, 2008) (CDA; requirement to re-certify new claim elements) Presidio County, Texas v. GSA, CBCA 1209 (Oct. 2, 2008) (oral contract; absence of offer and acceptance elements of contract) Charles Engineering Co. v. Dept. of Veterans Affairs, CBCA 582, 1195 (Sep. 30, 2008) (FAR 31.205-47(f)(5) does not make unallowable legal, consultant, or arbitral fees incurred in prime/sub relationship) Charles M. Pate v. Dept. of Agriculture, CBCA 1038 (Sep. 26, 2008) (release bars claim) Tidewater Contractors, Inc. v. DOT, CBCA 982-C(50)-R (Sep. 26, 2008) (appeal for extension of contract time for performance does not cover Government's assessment of liquidated damages made after the appeal was filed with the Board) Corners and Edges, Inc. v. HHS, CBCA 693, 762 (Sep. 23, 2008) (cardinal change, modification allegedly signed under duress, termination for convenience costs and damages, transport of hazardous materials) Government Marketing Group v. Dept. of Justice, CBCA 964 (Sep. 16, 2008) (jurisdiction of board; statutory construction; scope of termination settlement agreement and release) Pacific Wildfire, LLC v. Dept. of Agriculture, CBCA (Sep. 16, 2008) (dismissal for failure to prosecute; failure to respond to discovery requests and board orders; untimely response to board order) Omegaman Fireprotection v. CBCA 1302 (Sep. 4, 2008) (no CDA jurisdiction over bid protest) Greg Carlson v. GSA, CBCA 999 (Aug. 28, 2008) (vehicle auction; misdescription) Peterson Equipment Fire & Emergency Services v. Dept. of Interior, CBCA 185-R, 1031 (Aug. 15, 2008) (lack of CDA jurisdiction over claim for worker's compensation) Guardian Environmental Services, Inc. v. EPA, CBCA 994 (Aug. 11, 2008) (requirements for CDA claim; claim for disputed invoice amounts) Medtek, Inc. v. Dept. of Veterans Affairs, CBCA 1153 (Aug. 5, 2008) (Contract Disputes Act; failure to certify claim in excess of $100,000; lack of jurisdiction) Inversa S.A. v. Dept. of State, CBCA 440 (July 29, 2008) (contractor's hindrance of Government's efforts to restore premises relieves Government of responsibility for failure to do so; Contract Disputes Act statute of limitations governs over Panamanian statute; effective date of government notice not to renew lease) LFH, LLC v. GSA, CBCA 395,455 (July 25, 2008) (discovery disputes; attorney-client privilege; "magic circle"; disclosure from one agency to another) Second Street Holdings LLC v. S.E.C., CBCA 1056 (July 22, 2008) ("Disputes" clause; duty to proceed; contractor's compliance with directions in Contracting Officer's decision did not render appeal grounds moot) Tidewater Contractors, Inc. v. DOT, CBCA 982-C(50) (July 10, 2008) (EAJA) Business Management Research Assocs., Inc. v. HHS, CBCA 814 (July 9, 2008) (contractor did not establish that prior course of dealing altered contract ordering procedure; absence of task order dooms claim for costs of preparing to perform the task order work) Bob Minor dba Bob Minor Irrigation Parts & Service v. Dept. of Agriculture, CBCA 1096 (June 26, 2008) (lack of jurisdiction; absence of enforceable contract) Carl Lukitsch v. GSA, CBCA 1013 (June 24, 2008) (no recovery for repair costs for vehicle purchased at GSA auction) The Boeing Co., Successor-in-Interest to Rockwell Int'l Corp. v. DOE, CBCA 978 (June 23, 2008) (motion for reconsideration denied; breach of criminal settlement agreement; defense costs) Admiral Elevator v. Social Security Administration, CBCA 470 (June 20, 2008) (defective estimate of availability of elevators for contract work; calculation of quantum). Corrected version. Carr Forest Products v. Dept. of Agriculture, CBCA 588 (June 13, 2008) (timber sales contract; volume estimate) Hedlund Construction, Inc. v. Dept. of Agriculture, CBCA 105-R (June 5, 2008) (denies parties' joint motion to vacate prior board decision) CH2M Hill Hanford Group, Inc. v. DOE, CBCA 708 (May 30, 2008) (mutual mistake of fact; pleading requirements) Herre Bros., Inc. v. VA, CBCA 581 (May 27, 2008) (denies claim for costs of asbestos abatement and lead paint removal; bid mistake; parole evidence rule) Minneapolis Community Development Agency and the City of Minneapolis v. G.S.A., CBCA 385 (Apr. 28, 2008) (contract interpretation; responsibility for mediation expenses) Government Marketing Group v. DOJ, CBCA 71 (Apr. 2, 2008)(termination settlement agreement; contract interpretation; plain meaning; ambiguous terms) Angel Menendez Environmental Services, Inc. v. VA, CBCA 19, 864 (Apr. 3, 2008) (settlement agreement converting default termination to termination for convenience) The Boeing Co. v. Dept. of Energy, CBCA 978 (Mar. 21, 2008) (allowability of defense costs; Government's breach of plea agreement; board jurisdiction) Navigant Satotravel v. GSA, CBCA 449 (Mar. 19, 2008) (board has no authority to award monetary discovery sanctions) Patrick C. Sullivan v. GSA, CBCA 936 (Mar. 17, 2008) (surplus property sale; plain meaning of contract) Southern Oregon Ecological v. Dept. of Int., CBCA 145 (Mar. 7, 2008) (pro se plaintiff; calculation of damages; specifying amount of interest due on claim) Hedlund Constr., Inc. v. Dept. of Agriculture , CBCA 105 (Feb. 19, 2008) (delay damages; Severin doctrine ) Kenan Constr. Co. v. Dept. of State, CBCA 807 (Feb. 14, 2008) (CDA; failure to certify claim) McClellan, M & M Construction, CBCA 104 (Feb.8, 2008) (dismissal for failure to prosecute) New South Assocs. v. Dept. of Agriculture, CBCA 848 (Jan. 31, 2008) (jury verdict method of calculating claim quantum) Bowers Investment Co., LLP v. Dept. of Transp., CBCA 825 (Jan. 31, 2008) (CDA jurisdiction; failure to submit claim to contracting officer) Beyley Construction Group Corp. v. Dept. of Veterans Affairs, CBCA 5-R, 763-R (Jan. 30, 2008) (motion for reconsideration denied; evidence that could have been argued in original appeal or developed after original hearing) USProtect Corp. v. DHS, CBCA 65 (Jan. 29, 2008)(CDA jurisdiction; government counterclaim) Blackstone Consulting, Inc. v. GSA, CBCA 718 (Jan. 23, 2008) (Government's bad faith; refusal to exercise option; anticipatory profits)
2007
DKW Construction, Inc. v. GSA, CBCA 438 (Dec. 20, 2007) (Government's right to collect overpayments to contractor, with offset, interest, and audit issues) B&M Cillessen Constr. Co. v. HHS, CBCA 931 (Dec. 17, 2007) (CDA jurisdiction; claim not certified) Titus, LLC v. GSA, CBCA 995 (Dec. 14, 2007) (lack of jurisdiction over subcontractor's claim against prime) Hensley R. Lee Contracting, Inc. v. Dept. of Homeland Security CBCA 873 (Dec. 14, 2007) (Lack of jurisdiction over uncertified claim) Wheeler Logging, Inc. v. Dept. of Agriculture, CBCA 97 (Dec. 13, 2007) (discovery issues) Cal., Inc. v. Dept. of Justice, CBCA 870 (Dec. 12, 2007) (deductions for damaged and nonconforming work) Pacific Legacy, Inc. v. Dept. of Agriculture, CBCA 641 (Dec. 3, 2007) (lack of jurisdiction over contractor's request that cure notice be removed from its file) Angel Menendez Environmental Services, Inc. v. Dept. of Veterans Affairs, CBCA 19, 864 (Nov. 28, 2007) (default termination; miscellaneous cost claims motion for summary judgment denied) Butte Timberlands, LLC v. Dept. of Agriculture, CBCA 646 (Nov. 28, 2007) (timber sale contract; government refusal to permit deviation from required method) Pinnell Brown Construction, Inc. v. Dept. of Veterans Affairs, CBCA 917 (Nov. 16, 2007) (CDA: timeliness of appeal; two contracting officers' decisions on same issue). Acquest Government Holdings, OPP, LCC v. GSA, CBCA 413 (Nov. 7, 2007) (Severin Doctrine, scope of contractor's liability to subcontractor) Corners and Edges, Inc. v. HHS, CBCA 648 (Oct. 19, 2007) (Contracting Officer's authority; apparent authority) Omni Development Corp. Dept. of Agriculture, CBCA 609-C, 610-C (Oct. 17, 2007) (EAJA) Charles Eng'g Co. v. Dept. of Veterans Affairs, CBCA 582 (Oct. 16, 2007) (costs of litigation between prime and sub; lost income) Inversa, S.A. v. Dept. of State, CBCA 440 (Oct. 3, 2007) (lease agreement; jurisdiction) Commodity Solutions, LLC v. Dept. of Agriculture, CBCA 735 (Oct. 2, 2007) (Timeliness of appeal from KO's decision) Flathead Contractors, LLC v. Dept. of Agriculture, CBCA 118-R (Oct. 2, 2007) (motions for reconsideration denied) Greene v. Dept. of Homeland Security, CBCA 49 (Sept. 9, 2007) (lease agreement; government approval; authority issues) JJA Consultants v. Dept. of Treasury, CBCA 432 (Aug. 2, 2007) (Antideficiency Act, Competition in Contracting Act, bona fides needs rule, the Recording Statute, promise to exercise option) Beyley Constr. Group Corp. v. Dept. of Veterans Affairs, CBCA 5, 763 (July 23, 2007) (differing site conditions, constructive change) TAS Group, Inc. v. DOJ, CBCA 52 (July 16, 2007) (government liability for damage to subcontractor's equipment; Government Liability clause) The Boeing Co. v. Dept. of Energy, CBCA 337, 338, 339 (July 9, 2007) (False Claims Act; allowability of defense costs) Greenlee Constr., Inc. v. GSA, CBCA 415, 448 (July 2, 2007) (termination for convenience claims) Mountain Valley Lumber, Inc. v. Dept. of Agriculture, CBCA 95 (June 21, 2007) (monetary discovery sanctions) Steven C. Winslow v. GSA, CBCA 560 (June 7, 2007) (CDA jurisdiction) Freeman Contracting, Inc. V. Dept. of Agriculture, CBCA 16 (June 7, 2007) (CDA claim) Frank Bonner and Ken Alpin v. Dept. of Homeland Security, CBCA 605-607 (June 1, 2007) (CDA jurisdiction) Roesler Industrial Distributing Co. v. Dept. of Agriculture, CBCA 2 (June 1, 2007) (contract interpretation) Mitchell Enterprises, LTD v. GSA, CBCA 402 (May 30, 2007) (construction contract claims) Robert T. Rafferty v. GSA, CBCA 617 (May 10, 2007) (timeliness of appeal) Acquest Government Holdings U.S. Geological, L.L.C. v. GSA, CBCA 439 (May 9, 2007)(contract interpretation) All Star Metals LLC v. DOT, CBCA 91 (Apr. 26, 2007) (CDA jurisdiction, Contracting Officer's decision) Flathead Contractors, LLC v. Dept. of Agriculture, CBCA 118 (Apr. 20, 2007) (contract interpretation) Columbia Coach Service, Inc. v. Dept. of Agriculture, CBCA 587 (Apr. 19, 2007) (enforceable contract; lack of mutual obligation) Key Federal Finance v. GSA and Dept. of Commerce, CBCA 411, 412 (Apr. 19, 2007) (privity between Govt. and subcontractor) Marine Metal, Inc. v. DOT, CBCA 537 (Apr. 18, 2007) (reformation; mutual mistake; plain meaning) California Business Telephones v. Dept. of Agriculture, CBCA 135 (Apr. 18, 2007) (estoppel; apparent authority; oral agreement). K Satellite v. Dept. of Agriculture, CBCA 14 (Apr. 3, 2007) (CDA: failure to certify) P. J. Dick, Inc. v. GSA, CBCA 469 (Mar. 29, 2007) (construction contract; accord and satisfaction) P. J. Dick v. GSA, CBCA 461 (Mar. 23, 2007) (motion to dismiss: mutual mistake; equitable estoppel) Tidewater Contractors, Inc. v. DOT, CBCA 50 (Mar. 22, 2007) (delay--notice to proceed) LFH, LLC v. GSA, CBCA 395, 455 (Mar. 21 , 2007) (motion to compel discovery) American Business Corp. v. DOL, CBCA 637 (Mar. 20, 2007) (CDA--withdrawal of Contracting Officer decision) Interfreight Transport Systems, Inc. v. Dept. of Agriculture, CBCA 129 (Mar. 14, 2007) (damage to warehoused items) G&R Service Co. v. Dept. of Agriculture, CBCA 121 (Mar. 14, 2007) (claim for construction materials retained by Government) P. J. Dick, Inc. v. GSA, CBCA 453 (Mar. 8, 2007) (complaint issues: alternative versus inconsistent claims) Ghulam H. Syed v. GSA, CBCA 426 (Mar. 7, 2007) (liquidated damages: failure to pay for auctioned items) Mountain Valley Lumber, Inc. v. Dept. of Agriculture, CBCA 95 (Mar. 7, 2007) (discovery--motion to compel) Silver Enterprises v. Dept. of Transportation, CBCA 63-C (Feb. 20, 2007) (EAJA fees and expenses) Quality Forests, Inc. v. Dept. of Agriculture, CBCA 123 (Jan. 24, 2007) (differing site conditions) |
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