Wu & Assocs. v. GSA, CBCA 6760 (Dec. 22, 2022) (no jurisdiction over claim for return of retainer fee in appeal because it was not first presented to Contracting Officer for decision; contractor entitled to incurred costs of engineering analyses it ordered to address defective specifications; contractor not entitled to recovery for costs of site supervisor because it did not produce supporting time sheet until 16 months after discovery closed; no recovery for President's or site manager's costs allegedly associated with dealing with defective specs because these are generally included in overhead and were not separately tracked by contractor even after it was aware of a potential claim and were not supported by any documentation)

Grand Strategy, LLC v. VA, CBCA 6795 (Dec. 20, 2022) ("Order Limitations" clause relieved Government of obligation to order towels from contractor when size of order exceeded the maximum order limit in the clause)

Gerald E. Paulus, Jr. v. Agency for International Development, CBCA 7109 (Dec. 19, 2022) (sustains termination for cause of personal services contract based on agency's findings of legitimate bases for co-worker's allegations of harassment), contractor's motion for reconsideration denied

Team Systems International LLC v. DHS, CBCA 7145 (Dec. 9, 2022) (grants Government's motion to exclude three expert reports because they are extrinsic evidence essentially arguing with an earlier decision by the Board in the same appeal, which could have been offered before that decision and, in any event, which would not have changed it)

Rita R. Wadel Revocable Living Trust and 229 Jebavy Road, LLC dba Ludington Industries Building v. GSA, CBCA 6558 (Dec. 8, 2022) (denies Government's motion to compel production of documents because  (i) messages sent by trustee's counsel to trustee's work email address did not abrogate attorney-client privilege because, in the circumstances, trustee had reasonable expectation of privacy with regard to such emails; (ii) trust beneficiaries are holders of attorney-client privilege and may maintain that privilege for messages sent by trustee to them; and (iii) trust may assert protection of work product doctrine for both messages sent to trustee's work email address and messages sent to trust beneficiaries)

U. S. Army Tactical Supply v.  Dept. of State, CBCA 7556 (Dec. 8, 2022) (dismisses appeal as improper attempt to relitigate issue already decided by Board in previous appeal)

MINACT, Inc. v. DOL, CBCA 7575 (Dec. 6, 2022) (dismisses appeal filed 92 days after receipt of Contracting Officer's decision as untimely)

4K Global-ACC Joint Venture, LLC v. DOL, CBCA 6683 (Nov. 15, 2022) (permits Government to withdraw three previous responses to requests for admissions because (i) it would promote the presentation of the merits of the action and (ii) would not prejudice the contractor in the presentation of its case)

CES Mall, LLC, et al. v. GSA, CBCA 7359 et al. (Nov. 10, 2022) (Transportation Tax and the Sanitary District Tax are reimbursable real estate taxes under Tax Adjustment clause in lease)

Alares Constr., Inc. v. VA, CBCA 6149, et al. (Nov. 9, 2022) (denies motion to file claim addendum raising new claim not previously the subject of a Contracting Officer's decision; denies motion to compel discovery related to this new claim; denies motion to stay based on this new claim)

The Heirs of Bahawouddin, Son of Neyaz Mohammad v. Dept. of State, CBCA 7135 (Oct. 26, 2022)  (denies Government's motion to dismiss for lack of jurisdiction because: (i) the claim properly was brought by parties in privity with the Government; (ii) the party certifying the claim had the authority to do so; and (iii) assertion in claim that Government owed payment of rent at "$10,000 per month from March 1, 2017, until paid" satisfied CDA requirement for a sum certain.

Ray's Electric and General Contracting, Inc. v. Dept. of Agr., CBCA 7367 (Oct. 21, 2022) (dismissed for failure to prosecute after contractor failed to respond to multiple Board orders)

Finmarc Management, Inc. v. GSA, CBCA No. 7065 (Oct. 4, 2022) (current lessor could not recover for cost of removing tenant improvements on basis of lease to which it was not party and current lease did not contain provision requiring GSA to pay for such removals)

GC Columbia, LLC v. GSA, CBCA 7374 (Sep. 22, 2022) (dismisses appeal involving claim that failed to comply with lease provisions requiring submission of evidence of tax adjustment payments within stated amount of time)

Bear Mountain Cutters, Inc. v. Dept. of Agr., CBCA 7323 (Sep. 8, 2022) (denies Government's motion to dismiss (for lack of jurisdiction) claim for damages to contractor's equipment based on negligent orders from contracting officials because the claim was based on a contract clause that allocated risks between the parties, setting forth performance obligations as a result of a contractual undertaking, and, therefore, was not a claim arising solely in tort)

Caring Hands Health Equipment & Supplies, LLC v. VA, CBCA 6814 (Aug. 23, 2022) (grants Government's motion for summary judgment that one set of contracts were, by their plain language, IDIQ contracts, which the Government had fulfilled by ordering the minimum quantities, and another set of contracts were illusory because they did not contain any language identifying them as either requirements contracts or IDIQ contracts or requiring the Government to order any specific quantity, and thus the Government was obligated only to pay for quantities it actually had ordered)

1425-1429 Snyder Realty LLC v., CBCA 7339-C (6433) (Aug. 17, 2022) (grants unopposed application for EAJA fees because it satisfies all requirements of the statute)

Mission Support Alliance, LLC v. DOE, CBCA 6477 (Aug. 17, 2022) (denies contractor's motion that agency's claims are barred by the six limitations period because the grounds for those claims were not reasonably knowable to the agency until shortly before it filed the claims; denies contractor's appeal of agency's claim because contractor failed to provide adequate documentation to establish reasonableness of claimed subcontractor costs), contractor's motion for reconsideration denied

Gulf Tech Constr. LLC v. VA, CBCA 7447 (Aug. 12, 2022) (denies contractor's motion to stay appeal and instead dismisses it for lack of jurisdiction because it is based only on an unsigned, uncertified REA that did not explicitly or implicitly request a decision by the Contracting Officer and that was submitted only for purposes of initiating negotiations)

Focused Management, Inc. v. Consumer Financial Protection Bureau, CBCA 7324 (Aug. 5, 2022) (denies claims for allegedly inaccurate CPAR ratings because (i) contractor failed to identify any factual dispute or legal error bearing on whether a marginal rating for quality was arbitrary, capricious, or otherwise mistaken; (ii) contractor argued only in conclusory fashion and did not cite record evidence raising genuine disputes of fact about the events to which it referred or the inaccuracies it alleged in challenging marginal rating in schedule; (iii) two short paragraphs citing no evidence were inadequate to prove contractor's allegation that marginal rating in management failed to account for the COVID-19 pandemic; and (v) satisfactory (rather than higher) rating in cost control was justified because savings contractor alleged it had achieved were largely due its inadequate staffing)

U.S. Army Tactical Supply v. Dept. of State, CBCA 7376 (Aug. 4, 2022) (dismisses appeal because it involves same claim for payment as previous appeal that contractor had requested be dismissed and that had been dismissed with prejudice)

4K Global-ACC Joint Venture, LLC v. DOL, CBCA 7392 (July 29, 2022) (Government's letter to contractor stating it was asserting a CDA claim against the contractor, and including specific amounts claimed, but omitting statement of appeal rights and inviting contractor to submit its position before a final decision was issued, was not, itself, an appealable final decision)

French Constr. LLC v. VA, CBCA 6490 (July 29, 2022) (denies delay claims on construction contract because contractor's expert did not identify the delayed item (or the duration of delay attributable to that item) on the critical path, but instead simply subtracted planned duration from actual duration of job)

Brightwood Management Partners v. VA, CBCA (July 27, 2022) (Board has jurisdiction because allegations in contractor's claim were sufficient to put Contracting Officer on notice that contractor was claiming breach of implied duty of good faith and fair dealing and bases of that claim)

Integhearty Wheelchair Van Services, LLC v. VA, CBCA 7318 (July 8, 2022) (dismisses contract claims for lost profits because contract was neither a requirements contract nor an IDIQ contract with a guaranteed minimum so contractor was entitled to payment only for work it actually performed; no jurisdiction over claim of de facto debarment because it involved only subcontracts the contractor claimed it was not awarded rather than the contract at issue; lets stand claim that COR acted in bad faith (e.g., retaliating against contractor after it fired a friend of the COR’s), which may have increased the costs of the original contract work)

Board of Education for the Gallup-McKinley County Schools v. Dept. of Int., CBCA 7311 (July 5, 2022) (no jurisdiction over situation where appellant sought but was not awarded a contract)

Ahtna Constr. & Primary Products Co. LLC v. Dept. of Agr., CBCA 6892 (June 28, 2022) (follow-on to earlier decision in same appeal; contractor should have expected to encounter frozen soil in Alaska but failed to do so and could not, thereby, blame its delays on the 1,000 foot work zone area limitation in the contract)

ATS Trans LLC dba Around the Sound/TransPro v. VA, CBCA 7164 (June 27, 2022) (denies Government's motion to dismiss appeal for lack of jurisdiction; corporate merger established an entity that, by operation of law, was exempt from strictures of Anti-Assignment Act and was, therefore, entitled to perform contract, to make claim, and to appeal denial to Board)

Raj K. Patel v. Executive Office of the President, CBCA 7419 (June 24, 2022) (no CDA jurisdiction over contract allegedly entered into with the Executive Office of the President)

Badland Truck Sales, Inc. v. GSA, CBCA 7281 (June 14, 2022) (denies claim to reduce price of wheeled loader bought at GSA's online auction website due to defects unknown to the buyer at the time of the sale because (a) the item was sold as is,  (b) the buyer failed to inspect it prior to purchase despite being advised to do so, (c) the buyer's claim for misdescription was not submitted within 15 days as required by the auction (and the pandemic was no excuse for that failure) and (d) whether government personnel were aware of the defects prior to the sale (as alleged by the claimant) was irrelevant because the published terms and conditions of the sale included the condition that  "gross omissions regarding the functionality of items, failures to cite major missing parts and/or restrictions with regards to usage may occur" in the descriptions of the items)

Williams Bldg. Co. v. Dept. of State, CBCA 6650 (Apr. 29, 2022) (denies contractor's motion for summary judgment because Government's agreement in bilateral modification to seek settlement funding to cover breach claims did not concede Government's liability)

CTA I, LLC v. VA, CBCA 5826, et al. (Apr. 20, 2022)(interest on equitable adjustment claims is not extinguished by convenience termination)

HPM Corp. v. DOE, CBCA 7155 (Apr. 19, 2022) (denies contractor's alternative motions to dismiss and for more definite statement because Government's Complaint was sufficient to notify contractor of nature of Government's claim that repayment was required for work contractor did not complete, especially where the record is clear that the contractor did not perform the work in issue)

Heroes Hire LLC v. VA, CBCA 7195, 7211 (Apr. 13, 2022) (denies challenge to default termination because contractor had no justifiable basis for refusing to continue work under its contract unless the agency agreed to ignore the payment assignment in which the lender held a security interest; no jurisdiction over contractor's monetary claims because never submitted to Contracting Officer for decision or appealed to Board as a deemed denial)

Eagle Peak Rock & Paving, Inc. v. DOT, CBCA 5955 (Apr. 8, 2022) (dismisses appeal filed one day late for lack of jurisdiction because, although contractor's offices alleged were not open, receptionist (who was allegedly not authorized to do so), signed for FedEx delivery of Contracting Officer's decision)

Zach Fuentes, LLC v. HHS, CBCA 7090 (Apr. 6, 2022) (over Government's objection, grants contractor's new attorneys' request to file amended complaint for breach of contract (several months after Government had answered original complaint and discovery had been conducted), adding count for breach of implied duty of good faith and fair dealing because it would not unduly prejudice the Government, was based on same operative facts as original claim, would not unduly delay proceedings and would not be futile; Board lacks jurisdiction over paragraph in amended complaint alleging bad faith by the Government)

Construction Services Group, Inc. v. VA, CBCA 7344  (Apr. 6, 2022) (denies contractor's petition to require Government to provide decision on claim by date certain because claim already has been deemed denied)

CTA I LLC v. VA, CBCA 5826 et al. (Mar. 22, 2022) (following termination for convenience of fixed-price construction contract, Board determines entitlement to various normal pre-termination costs and various claims of equitable adjustment for changes and delays, which, to the extent they are proven, increase the contract ceiling price and, therefore, the cap on termination costs)

International Development Solutions, LLC  v. Dept. of State, CBCA 6400 et al. (Mar. 16, 2022) (denies claims for taxes paid to Afghanistan government because no evidence those taxes were paid by the contractor as opposed to its holding companies and no evidence tying those taxes to the contract at issue)

CI-Pond Solutions JV, LLC v. DOJ, CBCA 7233 (Mar. 10, 2022) (in a fixed-price construction contract under which the contractor was to design and then build the project, contractor's claims for differing site conditions denied because, inter alia, bidders were provided very little information concerning conditions at the site, and part of the design work required of the contractor was to conduct a topographic survey during the design phase to determine those conditions; contractor entitled to extra costs associated with outfitting government-supplied fuselage when Government provided larger fuselage than originally specified)

Active Constr., Inc. v. DOT, CBCA 6597 (Mar. 9, 2022) (in delay claim on construction contract, contractor that consistently had allocated field office costs as indirect costs throughout contract performance is precluded as a matter of law from recovering extended field office overhead as a direct cost)

Purple Heart Heroes LLC v. VA, CBCA 7186 (Mar. 1, 2022) (contract interpretation; nothing in unambiguous lease required Government to pay an unexplained amount listed in a lease exhibit that was not referenced in the lease itself)

United Facility Services Corp. dba Eastco Building Services v. GSA, CBCA 5272 (Feb. 16, 2022) (dismissed for failure to prosecute because contractor failed to respond to Government's second set of interrogatories and Board orders regarding same despite numerous extensions and opportunities to respond, the effects of the pandemic upon the small business contractor being insufficient to excuse the numerous delays), contractor's motion for reconsideration denied

Brandon Staffing Solutions LLC v. VA, CBCA 7044 (Feb. 8, 2022) (dismissed for failure to prosecute; contractor "repeatedly failed to respond to the Board’s orders in spite of having been afforded ample opportunity to do so")

Active Constr., Inc. v. DOT, CBCA 6597 (Feb. 8, 2022) (discovery dispute; grants majority of contractor's requests for documents withheld under deliberative process privilege because most of disputed documents (i) were not "pre"decisional; (ii) had no relationship to any decision the agency was contemplating; or (iii) related solely to contract administration under the disputed contract, specifically to responding to contractor's request for the change now under appeal), Government's request for reconsideration denied

1425-1429 Snyder Realty, LLC v. VA, CBCA 6433 (Feb. 7, 2022) (interpreting lease amendment in context of lease as a whole, it provided VA unlimited access of the basement not provided by other lease provisions, and thus there was consideration for the $5,000 per month the VA agreed to pay for that access, and the parties' multi-year course of dealing adhering to the amendment evidenced a meeting of the minds concerning its meaning; VA remained liable for continued rental payments after it unilaterally rescinded amendment based upon mistaken position that unlimited access was already provided by other lease provisions)

Prime Tech Constr. LLC v. DOE , CBCA 7092-C (6682, 6765, 6767) (Jan. 27, 2022) (denies EAJA application because applicant was not a prevailing party, was not represented by an attorney, and did not present expert testimony)

Team Systems Int'l LLC, v. DHS, CBCA 7145 (Jan. 27, 2022) (contract interpretation; denies cross motions for summary judgment because, reading contract as a whole, after Government reduced quantities, there must be proof, inter alia,  as to whether, and what extent, contractor actually incurred restocking fees)

Ieyada M. Ahrir v. Dept. of State, CBCA 6644 (Jan. 26, 2022) (lease interpretation; denies lessor's claim for damages to leased property because lease only required lessee to restore property to original condition where damages were caused by lessee, not for damages outside of its control, in this case civil unrest that led to lessee vacating the property)

Active Constr., Inc. v. Dept. of Trans., CBCA 6597 (Jan. 21, 2022) (denies contractor's motion to compel mediation; ADR may be had at the Board only by mutual agreement of the parties) 

ORSA Technologies, LLC v. VA, CBCA 7142 (Jan. 20, 2022) (upholds termination for cause because after contractor was unable to deliver originally required gloves and agency agreed to delivery of substitute gloves, contractor failed to deliver those gloves either)

Meld, LLC v. GSA, CBCA 6357, 6721 (Jan. 19, 2022) (denies GSA's motion for partial summary judgment upholding termination of lease because record is insufficient to conclude whether the lease was continuing at the time the agency purported to terminate it)

RocJoi Medical Imaging, LLC v. VA, CBCA 6885, 7051 (Jan. 19, 2022) (denies Government's motion for partial summary judgment because the record is not sufficient to determine which of the two competing methods of computing quantum is the correct one) 

ORSA Technologies, LLC v. VA, CBCA 7141 (Jan. 18, 2022) (upholds termination for default for failure to deliver any of the contract items by the due date because the unavailability of the items due to the pandemic was foreseeable to the contractor before award and the contractor had bid to deliver items that were "on hand" when, in fact, it did not have any items on hand but would have to try to procure them after award and decision not to allow Orsa to provide a substitute glove for the brand required by the contract was justifiable.)

Avue Technologies, Corp. v. HHS and GSA, CBCA 6360, 6627 (Jan. 14, 2022) (no CDA jurisdiction over claim by software licensor based upon an alleged violation of its license that was incorporated by a reseller into the reseller's contract with the Government because the license is not a procurement contract under the CDA--the contract is between the Government and the reseller)

OWL, Inc. v. VA, CBCA 7208 (Jan. 13, 2022) (dismisses appeal alleging lost revenue as a result of Government's reduction in the services it ordered during the pandemic because Government had fulfilled its only obligation by ordering the minimum guaranteed quantity under an ID/IQ contract)

Griz One Firefighting, LLC v. Dept. of Agr., CBCA 6358, 6567 (Jan. 7, 2022) (evidence of multiple causative factors insufficient to conclude that Government's actions resulted in damage to contractor's equipment; BPA that did not include minimum quantity and did not require contractor to accept order was not a binding contract concerning which contractor could recover for alleged breach; although an order that was accepted by the appellant became a binding contract, Government did not breach it because it conducted an acceptable evaluation of vehicle accident and took appropriate measures to address and remedy improper actions by contractor toward government personnel; Government did not breach implied duty of good faith and fair dealing by suspending performance during course of accident investigation; contractor failed to establish Government engaged of wrongful demobilization of its crews)

RDG Breton, LLC v. GSA, CBCA 6961 (Jan. 5, 2022) (denies Government's motion to dismiss portion of delay claim for "carried interest" because the delay claim is a CDA claim over which the Board has jurisdiction even though, after the record is developed, the Board may ultimately decide the particular interest issue may be barred by the specific invocation of sovereign immunity involved in the bar on the payment of interest for a period prior to a Contracting Officer's decision on a CDA claim)

2021

OWL, Inc. v. VA, CBCA 7183 (Dec. 20, 2021) (dismisses claim for reduced amount of services ordered due to pandemic because, although the parties intended to have established an indefinite quantity contract, it was illusory (lacking a guaranteed minimum) and also did not contain the elements for a requirements contract)

OWL, Inc. v. VA, CBCA 7184 (Dec. 20, 2021) (dismisses claim for reduced amount of services ordered under requirements contract due to pandemic because the pandemic had effectively reduced the Government's requirements, i.e., the Government had not ordered less than its requirements)

Nues Inc. v. HHS, CBCA 7165 (Dec. 15, 2021) (grants a portion of claimed costs in contractor's settlement proposal following a termination for convenience, but disallows claimed costs that were unsupported or that attempted to shift responsibility to the Government for pandemic-related issues or that were for work never performed or previously paid for, or that claimed Government breached the implied duty of good faith and fair dealing (which it did not))

Zach Fuentes, LLC v. HHS, CBCA 7090 (Dec. 2, 2021) (denies motion for summary judgment seeking payment for delivery of KN95 masks because of significant disputes over how many masks were delivered, how many of those were nonconforming, and whether Government accepted the masks or merely accepted delivery)

Masters Transportation, Inc. v. GSA v. , CBCA 6565 (Dec. 8, 2021) (upholds partial default termination of delivery order contract for wheelchair vans: rejects contractor's claim that spec for wheelchair ramp its vans failed to meet was impossible of performance because contractor did not show that "it explored and exhausted alternatives before declaring the specifications defective and performance impossible"; rejects contractor's interpretation of unambiguous ramp specification was unreasonable) 

GCC Technologies, LLC v. Dept. of Edu., CBCA 7129 (Dec. 2, 2021) (contract interpretation; contract provided that contractor was to be paid only for hours in which employees were actually working on assigned tasks, not for time when they were simply on site but not performing such work)

Phoenix Management, Inc. v. GSA, CBCA 7091 (Dec. 2, 2021) (contract interpretation; contract unambiguously required contractor to maintain custodial staffing levels it had stated it would provide in its proposal and Government was entitled to take deduction from contractor's payment when it failed to maintain those staffing levels)

Vanguard Business Solutions v. Dept. of State, CBCA No. 6951 (Nov. 16, 2021) (denies appeal because evidence does not establish Government unambiguously accepted firm's offer to provide charter aircraft services and, thus, no contract was formed)

Wu & Assocs., Inc. v. GSA, CBCA No. 6760 (Nov. 10, 2021) (contract interpretation; Government's representation that skids could be used to move heavy equipment across a raised floor was an unambiguous design specification that was incorrect so that contractor was entitled to its extra costs of fortifying the floor)

4K Global-ACC Joint Venture, LLC v. DOL, CBCA 6683, et al. (Nov. 4, 2021) (in default termination appeal, denies Government's motion to strike contractor's affirmative defense that there was no completion date against which to judge contractor's alleged failure to make progress because the motion to strike was untimely and unsupported by sufficient references to the record)  

Joseph-Allen Davis v. HUD, CBCA 7182 (Oct. 29, 2021) (no jurisdiction over appeal where appellant did not allege the existence of a contract, did not file a claim with the Contracting Officer, and did not file an appeal from a Contracting Officer's decision)

NUES Inc. v. HHS , CBCA 7165 (Oct. 26, 2021) (increasing the amount claimed in appeal versus amount of original claim does not divest Board of jurisdiction so long as revised amount is not based on new claim but involves same operative facts, and, if original claimed amount was for less than $100,000 it need not be certified even if the revised amount exceeds $100,000)

Heroes Hire, LLC v. VA, CBCA 7195, 7211 (Oct. 7, 2021) (Board lacks jurisdiction to grant "emergency relief" of immediately voiding payments under Assignment of Claims; FAR 32.805(e)(3) requires the assignee to sign the release of the assignment)

3 Crescent Drive Owner I, LLC, et al. v. Dept. of Agr., CBCA 6867 (Sep. 23, 2021) (dismisses appeal asking that the Government/tenant be compelled to vacate leased space because: (i) at the date of the underlying claim, the appellants were not contractors; and (ii) novation and lease amendment (a) waived any prior claims and (b) resurrected the lease, such that the Government is not a holdover tenant)

4K Global-ACC Joint Venture, LLC v. DOL, CBCA 6683 et al. (Sep. 10, 2021) (refuses Government's motion to dismiss appeals whose monetary aspects had been resolved by a settlement agreement because the agreement clearly provided they would remain on the docket until two other, related appeals were resolved)

International Development Solutions, LLC, CBCA 6400, 6401, 6700 (Sep. 9, 2021) (denies cross motions for summary judgment because "[s]o many of the parties’ proposed facts are genuinely disputed, unsupported, or irrelevant to summary judgment)

Anglin Consulting Group, Inc. v. DHS, CBCA 6926 (Sep. 7, 2021) (no jurisdiction over claim that Government failed to follow its in-sourcing policy because claim not previously presented to Contracting Officer; contractor may present allegations of duress and breach of the duty of good faith and fair dealing in response to Government's affirmative defense of accord and satisfaction but must first present them to Contracting Officer if it wishes to pursue them as affirmative claims).

MLB Transportation, Inc. v. VA, CBCA 7019 (Sep. 3, 2021) (contract intended to be indefinite quantity but lacking a guaranteed minimum is illusory, meaning "contractor" can only recover for services actually performed and not for costs incurred because Government ordered fewer services than expected)

13151 W. Alameda Parkway, LLC v. GSA, No. 7126 (Aug. 27, 2021) (contractor failed to submit invoice for increased real estate taxes within time period required by lease provision and Government did not waive that requirement)

Alares LLC v. VA,, CBCA Nos. 6149, et al. (Aug. 11, 2021) (denies Government's motion to dismiss appeal filed under the name of company that had novated the contract to another firm and allows appellant to amend pleadings to substitute name of correct firm)

Active Constr., Inc. v. DOT, CBCA 6597 (Aug. 9, 2021) (no jurisdiction over breach of implied duty of good faith and fair dealing claim not previously presented to Contracting Officer and, therefore, denies contractor's motion to require Government to produce documents related to that claim; fact that contractor had mentioned another of the implied duties in its original claim was not sufficient)

Michael Johnson Logging v. Dept. of Agr., CBCA 5089, 5619 (July 30, 2021) (denies contractor's claim under timber sales contract that the Government breached the implied duty of good faith and fair dealing in its administration of the contract regarding skid trails because the claim is (i) inconsistent with the plain requirements of the contract and (ii) unsupported by evidence beyond vague assertions and (iii) often contradicted by actions occurring during performance; denies claim that Government mismanaged contract regarding landing sizes because it is unsupported, and often contradicted, by evidence; partial suspensions of contract work were justified by contractor's failures to understand and follow contract requirements; Government breached contract by grossly overcharging contractor for extension deposits to such an extent that its operating capital was "eviscerated," entitling it to lost profits)

RocJoi Medical Imaging, LLC v. VA, CBCA 6885, 7051 (July 23, 2021) (contract interpretation; task order document issued under ID/IQ contract did not order services but only obligated funding against which contractor was to invoice when services were ordered)

Grand Strategy, LLC v. VA, CBCA 6795 (July 9, 2021) (denies Government's motion for summary judgment that two requirements contracts had expired after their base term; Government continued to place orders in years after base term so when the contracts expired is a question of fact as yet undecided; refuses to dismiss allegation in Complaint that Government had violated statute because that allegation was just evidence for a claim presented to the Contracting Officer, not a new claim)

Cherokee 8A Group v. VA, CBCA 7107 (July 6, 2021) (dismisses (for lack of jurisdiction) appeal filed at CBCA 720 days after receipt of Contracting Officer's decision because the decision (without being more specific) stated that the contractor could appeal to "the board of contract appeals" and the Government subsequently failed to respond to contractor's subsequent inquiries as to whether it had sent its appeal to the right location (it had not).

Hamilton Pacific Chamberlain v. VA, CBCA 7038 (July 7, 2021) (utilizing small claims procedures, adopts contractor's interpretation of disputed detail in construction contract drawings absent contrary evidence presented by VA) 

Knight's Constr. v. Dept. of Agr., CBCA 6658 (July 2, 2021) (refuses to dismiss appeal from default termination as untimely because agency repeatedly provided contractor with erroneous information concerning where to file appeal until "finally, on the last day of the filing period (. . . at 5:25 p.m. EST), via email, [the agency] provided [the contractor] with a link to the Board’s website [and a statement] that the Board’s website included information on e-filing") 

Valor Healthcare, Inc. v. VA, CBCA 6824 (June 23, 2021) (denies claim for superior knowledge or negligent estimates because contract was indefinite quantity, not requirements)

Meridian Global Consulting, LLC v. DHS, CBCA 6906 (June 15, 2021) (denies contractor's claims based on agency ordering fewer hours than estimated in labor hour contract; estimates were not guarantees; no evidence that method for preparing estimates was faulty or that they were unreasonable or that Government had superior knowledge concerning their inaccuracy)

Art Property Assocs., LLC, et al. v. GSA, CBCA  6403, et al. (May 25, 2021) (many consolidated appeals; fact issues as to each of unilateral supplemental lease agreements issued by GSA constituted a Contracting Officer decisions on government claims for reimbursement of overpayment of taxes by resolving issues of liability and of damages administratively, rendering the case ripe for judicial review; denies all claims for other than CDA interest)

Arthur Jean Pierre v. Agency for Global Media, CBCA 6901 (May 10, 2021) (dismisses appeal of default termination because it has been converted to a convenience termination rendering the appeal moot)

Strategic Alliance Management JV, LLC v. HUD, CBCA 6177 (Apr. 30, 2021) (one of several appeals denied as a result of decisions involving contract interpretation of the same issue by both the CBCA and the CAFC, holding that the contractors were not entitled to payment for routine inspections of custodial properties under field management contracts)

S & DF Properties, LLC, v. GSA, CBCA 6809 (Apr. 21, 2021) (lease interpretation; when lease term regarding appropriate year to use as tax base is clear, preaward negotiations constitute extrinsic evidence not necessary for interpretation of unambiguous provisions), contractor's motion for reconsideration denied

Vanguard Business Solutions v. Dept. of States, CBCA 6951 (Apr. 16, 2021) (denies Government's motion to dismiss for lack of jurisdiction because appellant's claim was based upon breach of the alleged contract identified in the Government's message to the appellant stating "[y]ou have been awarded a contract," not, as the Government now contends, a bill of lading)

Sage Acquisitions LLC v. HUD, CBCA 6631 (Apr. 2, 2021) (denies contractor's request to redact monetary amounts from Board's decision because parties had previously submitted various pleadings containing those figures without redactions or any indication of need for them)

Glen/Mar Construction, Inc. v. VA, CBCA 6905 (Apr. 2, 2021) (contractor's delay claim barred by terms of bilateral release)

1125 15th Street, LLC v. GSA, CBCA 6012 (Mar. 26, 2021) (lessor entitled to holdover rent for the period during which the Government had left security personnel there even after its employees had vacated the premises)

Microtechnologies, LLC dba Microtech v. DOJ, CBCA 6772 (Mar. 31, 2021) (contractor failed to prove (i) that software maintenance was supplied to the Government under option exercise that was terminated for convenience after only 12 hours as having been erroneously issued and (ii) that contractor was entitled to costs of the maintenance)

Prime Tech Construction LLC v. DOE, CBCA 6682, et al. (Mar. 31, 2021) (dismisses appeal from alleged deemed denial of claim as premature; denies appeal of termination for default because contractor failed to provide evidence for alleged excuses for failure to timely deliver), contractor motion for reconsideration denied

In and Out Valet Co. v. VA, CBCA 6519, 6994 (Mar. 25, 2021) (denies Government's motion for summary judgment due to multiple disputed issues of fact concerning regarding the modification negotiations and entitlement to premium pay for working on a holiday)

Dawson & Douglas Inc. v. Dept. of Agr., CBCA 6304, 6786 (Mar. 19, 2021) (Contracting Officer had rational basis for rejecting contractor's proposed changes to contractually specified logging methods and did not breach the implied duty of good faith and fair dealing in doing so)

Allied Meridian Funding LLC v. Dept. of Agr., CBCA 6893 (Mar. 18, 2021) (denies appeal by assignee of contract payments because Government had not received notice of the assignment when it made disputed payments to contractor)

Purdy Enterprise, LLC v. HUD, CBCA 6128, 6129 (Mar. 15, 2021) (contract interpretation; provisions in field services management contract do not require agency to reimburse contractor for routine inspections of custodial properties)

SRM Group, Inc. v. DHS, CBCA 5194, 5938 (Mar. 11, 2021) (contractor failed to prove its extra costs associated with alleged changes, especially where it failed to explain multiple discrepancies in both methodologies and amounts in five expert reports it had generated in the preparation of the claims), contractor's motion for reconsideration denied

Mubashir Ali v. Agency for Global Media, CBCA 6914 (Feb. 24, 2021) (no jurisdiction over appeal from default termination after agency converted it to termination for convenience)

1425-1429 Snyder Realty, LLC v. VA, CBCA 6433 (Feb. 9, 2021) (contract interpretation; denies Government's motion for summary judgment because genuine fact issues exist concerning the parties' intentions in signing a supplemental lease amendment and its meaning)

Hudson General Contractor, Inc. v. Dept. of Int., CBCA 6696 (Jan. 28, 2021) (dismisses appeal for lack of standing because contractor had been administratively terminated as corporation under state law and subsequently had been permanently dissolved with no right to reinstatement)

Ahtna Constr. & Primary Products Co., LLC v. Dept. of Agr., CBCA 6892 (Jan. 21, 2021) (dismisses Type I Differing Site Conditions claims because contract made no representations as to the subsurface conditions at the work site and because it was foreseeable that frozen earth and material might be encountered; denies Government's motion to dismiss defective specifications claim because it is not merely a recast of the differing site conditions claim; denies Government's motion to disallow amendment to complaint because it does not include operative facts not present in the original claim to the Contracting Officer)

Carmazzi Global Solutions, Inc. v. SSA, CBCA 6264-R, et al. (Jan. 19 2021) (denies contractor's request to vacate prior board decisions upholding terminations for default; contractor's allegation that its failure to respond to Government's prior motions for summary judgment was due to justifiable mistake, inadvertence, and/or excusable neglect is ill-founded because contractor's trustee in bankruptcy had directed that course of action due to the low likelihood of success on the merits)

ITS Group Corp. v. Dept. of Agr., CBCA 6621, 6747 (Jan. 7, 2021) (denies contractor's claim for payment because Government's inspector initially stated the work was not in compliance and recommended that it not be paid for, after which the Government never accepted it; upholds default termination because contractor failed to prove that walls were impossible to paint, especially in light of fact that government personnel did paint them)

Wise Developments, LLC v. GSA, CBCA 6659 (Jan. 6, 2021) (denies Government's motion to dismiss appeal from default termination as untimely because Government's termination letter was not a "final decision," neither labeling itself as such nor notifying the contractor of its appeal rights)

CSI Aviation, Inc. v. DHS, CBCA 6292, et al. (Jan. 4, 2021) (company did not meet high evidentiary burden to establish that its standard terms and conditions had been incorporated in government contract by reference)

2020