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Recent CBCA Decisions (2013-Present)



See also CBCA Decisions 2007-2012

 

2018

K.O.O. Construction, Inc. v. VA, CBCA 6072 (Apr. 11, 2018) (in appeal of deemed denial of claim, permits contractor to designate its original, detailed claim as the Complaint and will allow the Government, if it chooses, to designate the forthcoming Contracting Officer's decision on the claim as its Answer)

Duke Univ. v. HHS, CBCA 5992 (Apr. 6, 2018) (following the CAFC's precedent in Securiforce International America, Board lacks jurisdiction over unquantified claim purportedly for contract interpretation, which, if granted would entitle the contractor to costs already incurred when claim was submitted--costs that could have been included in original claim letter)

JBG/Federal Center, L.L.C. v. GSA, CBCA 5506, 5715, 5849 (Mar. 30, 2018) (consolidates appeals involving separate contracts but the same issue; plain language of lease precludes lessor's recovery of real estate taxes on parking garage except for leased parking spaces; portion of GSA's claim for repayment of excess real estate taxes reimbursed to contractor prior to September 2010 barred by CDA's six-year limitations period)

J.R. Mannes Government Services Corp. v. DOJ, CBCA 5911 (Mar. 29, 2018) (contractor failed present sufficient evidence for alleged bad faith it claimed motivated termination for convenience)

Devin Richardson v. DOJ, CBCA 5559 (Mar. 29, 2018) (dismisses appeal not based on CDA procurement contract for lack of jurisdiction)

Hill-Rom Co. v. HHS, CBCA 6064 (Mar. 27, 2018) (dismisses appeal signed by contractor's credit department supervisor, because she was not an "authorized representative" of the company)

BCPeabody Construction Services, Inc. v. VA, CBCA 5410 (Mar. 26, 2018) (Government delayed contractor's work on firm, fixed-price design build task order for an "unreasonably" long period (179 days) under "Suspension of Work" clause, entitling the contractor to delay damages, including (i) general conditions, and (ii) some, but not all, of claimed personnel costs for contractor's project managers, but (iii) none of its claimed costs for unabsorbed home office overhead (because the suspension was for a definite period known in advance and the contractor did not prove that it incurred "standby" costs; denies claim for Type II differing site condition (because Government was prejudiced by contractor's failure to give timely notice of alleged condition); denies changes claims for items included in fixed-price contract; uses jury verdict method to determine reasonable approximation of amount owed contractor for another changes claim; fixed-price nature of contract prevents VA from recovering for contractor having to deliver less equipment than originally estimated in the task order; denies VA's claim for deficient work (because VA failed to prove work it claimed was defective failed to meet specification requirements and, even if it did not, VA failed to provide contractor opportunity to correct work))

HAL-PE Assocs. Engineering Services, Inc., v. VA, CBCA 5361 (Mar. 14, 2018) (Government failed to identify any contract requirement for the extra work it directed the contractor to perform)

Mayberry Enterprises, LLC v. DOE, CBCA 5961 (Mar. 13, 2018) (dismisses, for lack of jurisdiction, uncertified monetary claims in excess of $100,000, but retains jurisdiction over individual, segregable claims that were less than that amount)

Transworld Systems Inc. v. Dept. of Edu., CBCA  6049 (Mar. 1, 2018) (orders Government to file the Complaint on Government's claim involving alleged overpayment to contractor, but without any clear reasoning that would guide future litigants as to when such orders will be appropriate)

Alcazar Trades, Inc. v. NRC, CBCA 5837 (Feb. 27, 2018) (dismisses appeal for lack of jurisdiction because DOL has exclusive jurisdiction to decide whether new collective bargaining agreement should form basis for revised wage determination)

ASW Assocs. v. EPA, CBCA 2326 (Feb. 23, 2018) (denies appeal without analyzing entitlement because the contractor provided no explanation for its calculation of quantum despite having been directed by the Board to do so) 

Westlake Farms, Inc. v. GSA, CBCA 6008 (Feb. 21, 2018) (no jurisdiction over appeal filed more than 90 days after receipt of Contracting Officer's decision)

J.R. Mannes Government Services Corp. v. DOJ, CBCA 5911 (Feb. 15, 2018) (denies contractor's motion to compel deposition of high level agency official who had no personal knowledge of facts involved in appeal of allegedly improper terminations for convenience)

VXL Enterprises, LLC v. Dept. of State, CBCA 6017 (Feb. 13, 2018) (denies petition to require Contracting Officer to issue decision on certified claim within five business days of date of petition because that period of time is too short to provide the Government time to respond to the petition or the Board to consider the issue, especially absent a showing of any exigent circumstance that would require action in such a short time period)

2017

Michael Johnson Logging v. Dept. of Agr., CBCA 5089 (Dec. 22, 2017) (contractor cannot recover on "business devastation" claim because it is too remote from current contract issues and there is insufficient proof that Government's actions on current contract affected contractor's business apart from contract)

Pro Cleaners v. DHS, CBCA 5490 (Dec. 20, 2017) (no jurisdiction over uncertified claim, especially when appeal filed less than 60 days after Contracting Officer received claim and before Contracting Officer issued decision)

SBC Archway Helena, LLC v. GSA, CBCA 5935 (Dec. 12, 2017) (no jurisdiction over appeal filed before Contracting Officer was required to have issued decision on claim)

Bank of America, National Association v. HUD, CBCA 5571 (Dec. 11, 2017) (release signed by contractor barred its subsequent claim for breach; no jurisdiction over contractor's claim for unjust enrichment)

VSE Corp. v. DOJ, CBCA 5116 (Dec. 8, 2017) portion of plaintiff's claim related to prior contract with different agency is dismissed for lack of jurisdiction because no claim submitted to that agency's Contracting Officer; applies concept of "nonmutual defensive collateral estoppel" against contractor  based on findings in prior district court litigation between contractor and subcontractor (to which DOJ as contracting agency was not a party) even though parties settled that dispute after district court decision but before an appeal of that court decision); rejects contractor's effort to apply collateral estoppel against DOJ related to prior district court decision because DOJ not a party to that litigation; contract did not establish limit on amount of time contractor was required to store seized property and thus Government is not liable for requiring contractor to store property for a longer period of time than contractor alleged it anticipated)

Bob L. Walker v. Dept. of Agr., CBCA 2131, 2778 (Dec. 7, 2017) (denies consolidated claims primarily because contractor failed to provide any substantial evidence as to amount of alleged damages)

Carl & Son's Construction Co., CBCA 5918 (Dec. 6, 2017) (dismisses appeal not filed within 90-day time limit)

Dream Management, Inc. v. DHS, CBCA 5739-C (5517) (Nov. 28, 2017) (denies application for EAJA fees because Government's litigation position was substantially justified, in part because contractor had refused settlement offer that was higher than the amount finally found due by the Board)

J.R. Mannes Government Services Corp. v. DoJ, CBCA 5638 (Nov. 17, 2017) (dismisses appeal because contractor failed to produce any evidence that the Government's termination for convenience was improper)

Hanks, Hanks & Assocs., LLC v.  Court Services and Offender Supervision Agency for the District of Columbia, CBCA 5850 (Nov. 15, 2017) (dismisses appeal for lack of jurisdiction because original claim was not certified, which rendered subsequent Contracting Officer's decision a nullity and which could not be cured by a certification submitted after the Contracting Officer's "decision")

Pros Cleaners v. DHS, CBCA 5871 (Nov. 15, 2017) (no jurisdiction over appeal because contractor did not request decision from Contracting Officer until after filing appeal)

Magwood Services, Inc. v. GSA, CBCA 5869  (Oct. 30, 2017) (dismisses appeal for lack of jurisdiction because contractor's letter formally requesting Contracting Officer to reconsider default termination could not reasonably be construed as separate claim for money damages due to outstanding invoices, which is the issue in the appeal)

Sylvan B. Orr v. Dept. of Agr., CBCA 5299 (Sep. 29, 2017) (general release precluded claim for disposal of non-hazardous solid waste and, even if it had not, contractor's actions in attempting to find location for disposal were unreasonable and failed to mitigate any damages it may otherwise have had)

Avalon Plaza LLC v. GSA, CBCA 5696 (Sep. 28, 2017) (under lease agreement, interpreted as a whole, lessor/appellant is not entitled to extra compensation for air conditioning data communications room to maintain specific temperature range)

Yates-Desbuild Joint Venture v. Dept. of State, CBCA 3350, et al. (Sep. 19, 2017) (use of critical path analysis to apportion fault for delays between Government and contractor under contract for construction of Department of State compound in Mumbai, India), denies contractor's motion for reconsideration of portion of Board's decision based on contractor's allegations of prior material breach, subsequently denies contractor's motion to vacate reconsideration decision and for reconsideration by full Board

Industrial Maintenance Services, Inc. v. VA, CBCA 5618 (Sep. 15, 2017) (contract interpretation issues in decision limited to entitlement; contractor entitled to certain costs associated with effect of change on unchanged work since bilateral modification implementing change did not include agreement as to the time and cost impacts of the added and altered work)

CH2M♦WG Idaho, LLC v. DOE, CBCA 3876 (Sep. 7, 2017) (neither Changes clause nor Incentive Fee clause in cost reimbursable contract gives Government the right to unilaterally change the contract to adjust payments between the target and non-target work as a means of correcting a G&A allocation issue)

BES Design/Build, LLC v. VA, CBCA 5640 (Aug. 29, 2017) (contractor not entitled to immediate release of funds found due in Contracting Officer's decision because, once appealed, that decision is not binding and the Board reviews the dispute de novo)

Asheville Jet Charter and Management, Inc. v. Dept. of Int., CBCA 4047 (Aug. 24, 2017) (resignations of three key, at-will employees was neither a strike nor caused by the Government and, therefore, did not excuse contractor's default for failure to perform)

CTA I, LLC v. VA, CBCA 5800 (Aug. 22, 2017) (if Contracting Officer, within 60 days of receiving claim, provides contractor with definite date within which decision will be issued and then misses that date, contractor's only options are to wait for decision or to treat missed date as deemed denial and appeal--it cannot, at that point, ask Board to direct Contracting Officer to issue decision within specific time)

Eagle Mechanical, Inc. v. GSA, CBCA 5803 (Aug. 22, 2017) (no jurisdiction over direct appeal by subcontractor not authorized by the prime)

KEO & Assocs. v. DOL, CBCA (Aug. 17, 2017) (no jurisdiction over appeal because there was no underlying certified claim requesting a Contracting Officer's decision)

Coast to Coast Computer Products v. Dept. of Agr., CBCA 3516, 3749  (Aug. 15, 2017) (denies claims related to BPA in the main because they were based upon alleged obligations on the part of the Government that a BPA does not establish)

Godwin Anagu v. GSA, CBCA (Aug. 3, 2017) (denies misdescription claim; warranty of description when vehicle is sold "as is" is satisfied when the advertisement provides an accurate year, make, model, and VIN number)

YRT Enterprises LLC dba Tompkins Investigative Services v. DoJ, CBCA 6701 (July 26, 2017) (dismisses appeal for lack of jurisdiction; Contracting Officer's letter asking that contractor's security credentials be returned to the Government on the last day of the contract was not a termination decision that could be appealed; no jurisdiction over claims for injunctive relief, punitive damages, or the alleged impropriety of security clearance withdrawals), contractor's motion for reconsideration denied

Affiliated Western, Inc. v. VA, CBCA 4078 (July 24, 2017) (upholds default termination of contractor that fell behind contract schedule and failed to respond adequately to cure notices, especially where contractor failed to provide any critical path analysis to support its contention that it had experienced excusable delays on the project), contractor's motion for reconsideration denied

Commerce Plaza Office Partners, LLC v. VA, CBCA 5220, et al. (July 14, 2017) (Government, as tenant of leased space in office building, is liable for damage to property that exceeds reasonable wear and tear)

M.I.T. International Commercial Lending, LLC v. GSA, CBCA 5720 (July 13, 2017) (Board lacks jurisdiction over appeal involving buyer's alleged default in auction of real property; appeal should also be dismissed for failure to prosecute after appellant failed to respond to any one of numerous board communications sent to it by a variety of alternate methods)

Kirk Ringgold v. Dept. of Agr., CBCA 5772-C (5259) (July 11, 2017) (allows more than $30,000 in legal fees under EAJA after Board sustained prior claim in amount of $6000)

SFM Constructors, Inc. v. VA, CBCA 5760 (July 5, 2017) (denies Government's motion to dismiss because, although cover letter to claim stated contractor was seeking "at least" a specified amount, the actual certified claim stated a sum certain)

CTA I, LLC v. VA, CBCA (May 18, 2017) (denies petition to require Contracting Officer to issue decision by specified date that is only 17 days from the date of the filing of the petition)

Savannah River Nuclear Solutions, LLC v. DOE, CBCA 5287 (May 12, 2017) (Contracting Officer lacked authority to issue decision on claim where matter had been referred to DOJ because of suspected fraud and, therefore, failure to issue decision was not deemed denial)

Savannah River Nuclear Solutions, LLC v. DOE, CBCA 5636 (May 12, 2017) (denies contractor's "petition" that Board either direct Contracting Officer to issue decision within 30 days or treat its failure issue a decision prior to petition as deemed denial)

Jonathan Noeldner v. Dept. of Agr., CBCA 5049 (May 11, 2017) (denies contractor's claim on timber sales contract because Government did not require contractor to cut smaller diameter trees than he was contractually responsible for harvesting, and statements by Government's sale administrator erroneously interpreting contract are irrelevant)

T. K. Hughes Auto Sales, Inc. v. GSA, CBCA 5397, 5398 (May 10, 2017) (denies contractor's claim for rust on undercarriages of two autos bought at government auction because the vehicles were not misdescribed, there was no warranty against such rust, and the buyer had an opportunity to inspect the vehicles prior to purchase)

Turner Construction Co. v. Smithsonian Inst., CBCA 2862, et al. (May 5, 2017) (non-CDA appeal under contract's Disputes clause; Board forced to determine reasonable price for contraction work because Smithsonian never established firm-fixed price for contract)

SecTek, Inc. v. NARA, CBCA  5036 (May 3, 2017) (Government not liable for successor contractor's underestimation of costs for vacation time of predecessor's employees in contract covered by Service Contract Act because Government not required to furnish seniority list until after award)

JDM, LLC, v. VA, CBCA 5522 (Apr. 26, 2017) (after original counsel for the contractor withdrew from representation in favor of its President, Board dismissed appeal for failure to prosecute because he failed to respond to several orders and communications from the Board)

Suffolk Construction Co. v. GSA, CBCA 2953, et al. (Apr. 20, 2017) (public reprimand for contractor's attorney who removed agency's contract drawings from counsel table in courtroom and had them scanned by third party vendor, all without agency's consent)

Dream Management, Inc. v. DHS, CBCA 5517 (Apr. 10, 2017) (nonprecedential; plain language of task order under FSS contract establish it was time-and-materials, rather than IDIQ, order; significant government error in estimating quantity of work to be required was not a breach because there is no basis for negligent estimate claim in a T&M contract; bilateral modification purporting to end contract was not a valid method of terminating it and, therefore, is treated as termination for convenience; as part of T for C claim, contractor is entitled to some of the subcontract costs it incurred based on the agency's erroneous estimate for the work)

Brittishan Enterprises Corp. v. Dept. of State, CBCA 1462 (Apr. 6, 2017) (dismisses appeal for failure to prosecute because, after original corporate representative died, contractor's counsel was unable to locate any corporate representative who was willing to prosecute the appeal)

Consultis of San Antonio, Inc. v. VA, CBCA 5458 (Mar. 31, 2017) (dismissed for lack of jurisdiction because issue (which involved interpretation of terms of Schedule contract) should have been decided by GSA Schedule contract Contracting Officer rather than by VA's task order Contracting Officer)

Absolute Computer Technologies, Inc. v. GSA, CBCA 5078 (Mar. 24, 2017) (conflicting statements concerning facts underlying central issue in appeal as well as incomplete and ambiguous documentation preclude granting Government's motion for summary relief)

ASW Assocs. v. EPA, CBCA 2326 (Mar. 27, 2017) (contract interpretation; lacking guaranteed minimum quantity or any clause requiring Government to order its requirements from contractor, contract is neither ID/IQ nor requirements contract, and contractor is entitled to be paid only for actual work performed)

CB&I AREVA MOX Services, LLC v DOE, CBCA 5395 (Mar. 23, 2017) (clear language of bilateral contract modification precludes contractor's claim for increase in fee percentage on option that was never exercised), contractor's motion for reconsideration denied

Foxy Construction, LLC v. Dep. of Agr., CBCA 5632 (Mar. 13, 2017) (no jurisdiction because none of contractor's three letters to Contracting Officer satisfied requirements for CDA claim)

1441 L Assocs., LLC v. GSA, CBCA 3960 (Mar. 6, 2017) (interpretation of plain language of the extension agreement of a lease as it relates to the cumulative operating costs to be paid by the agency)

ServiTodo, LLC v. HHS, CBCA 5524 (Mar. 3, 2017) (clear release language of bilateral settlement agreement bars current claim)

Eastco Building Services v. GSA, CBCA 5272 (Mar. 2, 2017) (refuses to dismiss appeal brought under "dba" name when agency and relevant documents recognized that assumed name and real entity were one and the same)

Quality Control International v. GSA, CBCA 5008 (Mar. 2, 2017) (grants contractor's request to amend complaint to add constructive change theory of recovery to original claim for relief under Price Adjustment clause because both theories arose from same operative facts, even though constructive change theory adds overhead and profit elements of claimed damages not previously submitted to Contracting Officer for decision)

CompuCraft, Inc. v. GSA, CBCA 5516 (Mar. 1, 2017) (no jurisdiction over portion of contractor's appeal requesting Board to order Government to change performance evaluation; Board not limited by findings of fact in Contracting Officer's decision)

H.C. Beck, Ltd v. GSA, CBCA (Feb. 14, 2017) (denies Government's motion to dismiss for failure to state claim; contractor's references to Differing Site Conditions and Request for Equitable Adjustments clauses were sufficient to proceed with appeal involving claim for removing significantly more asbestos-containing materials than contract originally contemplated)

CFP FBI-Knoxville, LLC v. GSA, CBCA 5210 (Feb. 14, 2017) (denies motions for summary judgment because lease provision is ambiguous and requires further development of the record)

Paradise Pillow, Inc. v. GSA, CBCA 5179, 5440 (Feb. 1, 2017) (contractor who fully performed work under bilateral contract modification, which required it to retrieve blankets it had previously delivered to Government, was entitled to compensation stated in that modification after Board found Government's subsequent attempt to terminate the contract for cause was invalid and should be converted to a T for C)

BES Design/Build LLC v. VA, CBCA 5529 (Jan. 31, 2017) (dismisses (for lack of jurisdiction and as premature) appeal filed before date Contracting Officer had timely set for issuance of decision on claim)

TranBen, Ltd. v. DOT, CBCA 5448 (Jan. 26, 2017) (where Government had ordered minimum required quantity in IDIQ contract to supply travel vouchers and where contractor alleged Government had misled IRS into approving use of debit cards by inaccurately apprising it that vouchers were not readily available, which in turn, allegedly breached the duty of good faith and fair dealing and resulted in fewer orders for vouchers under contract,  the contractor had failed to state a claim upon which relief could be granted in the form of monetary damages because the alleged breach by the Government was not sufficiently contract-related to be actionable)

EnergX, LLC v. DOE, CBCA 3060 (Jan. 25, 2017) (dismisses appeal from agency's decision to reject VECP for lack of jurisdiction because there was no certified claim underlying the original appeal, even though prior judge had granted parties extensions of time to allow Contracting Officer to issue decision on certified claim)

Kirk Ringgold v. Dept. of Agr., CBCA 5259 (Jan. 18, 2017) (Government liable under lease for holdover rent for period agency took to restore property after vacating it)

Paradise Pillow, Inc. v. GSA, CBCA 5237-C(3562) (Jan. 2017) (grants contractor's EAJA application)

Ahtna Environmental, Inc. v. DOT, CBCA 5456 (Jan. 12, 2017) (Board uses its discretion to stay appeal to permit Contracting Officer to issue decision on merits of claim after prior Board decision had rejected basis for prior decision, which addressed only issue whether release barred claim)

2016

Ahtna Environmental, Inc. v. DOT, CBCA 5456 (Dec. 22, 2016) (contractor gave Government adequate notice of claims to avoid application of special Federal Highway Administration clause purportedly barring claims that contractor did not timely identify in release prepared by Government in connection with final payment, especially where Contracting Officer continued to evaluate contractor's REA after the due date had passed)

1201 Eye Street, N.W. Assocs., LLC v. GSA, CBCA 5150 (Dec. 20, 2016) (plain language of original lease established method of calculating yearly operating cost adjustments, and lease extension explicitly indicated original lease provisions would continue; Government's interpretation is contradicted by prior course of dealing between parties before dispute arose)

CB&I Areva Mox Services, LLC v. DOE, CBCA 5395 (Dec. 15, 2016) (no jurisdiction over claim raised in appeal that is based on different operative facts than claim presented to Contracting Officer)

Mustafa Kamosh Group v. Dept. of State, CBCA 5447 (Dec. 13, 2016) (dismisses appeal for lack of jurisdiction because contractor did not submit claim to Contracting Officer)

Agbayani Construction Corp. v. Dept. of Commerce, CBCA 5534 (Dec. 13, 2016) (dismisses appeal filed prior to Contracting Officer's issuance of decision as premature)

Akal Security, Inc. v. DHs, CBCA 4818 (Dec. 9, 2016) (denies claim for reimbursement of contractor's liabilities to employees for insufficient wages and benefits required by California law because contract placed obligation on contractor to comply with all laws,  the Government was not required to research laws for contractor, and the Government did not interfere with contractor's ability to comply with California laws)

Choctaw Transportation Co. v. Dept. of Agr., CBCA 2482, 2653 (Dec. 9, 2016) (denies contractor's delay and disruption claim for a host of reasons, including the absence of support in the contract for the contractor's interpretation, the fact that the contractor should have known of conditions at the site from its prebid investigations, questions concerning the credibility of the contractor's claims concerning its original plan for performing the work, deficiencies in the contractor's methods for calculating delays and impacts) 

Perry Bartsch Jr. Construction Co. v. Dept. of Int., CBCA 4865, 5071 (Dec. 8, 2016) (denies Government's motion for summary judgment because of ambiguities and unresolved factual issues concerning scope of release language in bilateral modification)

Hawk Contracting Group v. VA, LLC, CBCA 5527 (Dec. 2, 2016) (refuses contractor's request that Board order Contracting Officer to issue decision earlier than he had identified for expected decision; however, given agency's delays to date, contractor may treat agency's failure to meet the predicted date as deemed denial)

Strawberry Hill, LLC v. GSA, CBCA 5149 (Nov. 22, 2016) (dismisses appeal because no contract existed absent the Contracting Officer's signature and the contractor's self-styled "amended" claim presented in its appeal was actually a new claim for greater than $100,000 that had not been presented to the Contracting Officer)

Grunley Construction Co. v. GSA, CBCA 4539, 4545 (Oct. 27, 2016) (partial grants of cross=motions for summary judgment; Government liable for excess costs of requiring contractor to classify and pay workers in higher wage rate category than required by contract; for differing site conditions claim, GSAM 552.243-71 allows contractor to recover a maximum commission of 10%, and no overhead, on work performed by subcontractor)

R & G Food Services, Inc., d/b/a Port-a-Pit Catering v. Dept. of Agr.,  CBCA 3487 (Nov. 21, 2016) (Government did not breach contract by releasing one of two mobile food service contractors from work at site of fire that had merged from two fires into one)

Sea Shepherd Conservation Society v. GSA, CBCA 5254, 5255 (Nov. 21, 2016) (denies claim that, because the agency allowed a bidder ultimately found to be ineligible to participate in an auction, the ultimate winner was forced to bid higher for an item that it would have had that other bidder not been permitted to bid)

Crane & Co. v. Dept. of Treas., CBCA 4965 (Nov. 8, 2016) (denies contractor's motion to amend complaint to add claims for constructive change and ambiguity-of-specifications because those new claims (i) had never been presented to the Contracting Officer for a decision and (ii) had accrued more than six years prior to the date the contractor had submitted its only claim to the Contracting Officer)

Mission Support Alliance, LLC, v. DOE, CBCA 4985 (Nov. 8, 2016) (denies contractor's claim for costs of purchasing SAFETY Act insurance because (i) contractor failed to comply with contract requirement to notify Contracting Officer of proposed purchase and obtain his consent; and (ii) Contracting Officer's determination that costs were not "reasonable" (because contractor incurred them without seeking required approval) or "ordinary" (because contract did not required them and other similarly situated contractors did not incur them)

Ralph Muhammad v. DOJ, CBCA 5188 (Nov. 8, 2016) (dismisses appeal as moot without pro se contractor's consent because parties had signed bilateral modification giving contractor its requested relief) 

Optimus Technology, Inc. v. OPM, CBCA 2952 (Nov. 2, 2016) (denies Government's motion to amend answer to include a counterclaim that (i) did not relate to the invoices at issue in the contractor's claim and appeal  and (ii) had not been communicated to the contractor in a proper Contracting Officer's decision that notified it of its appeal rights)

Grunley Construction Co. v. GSA, CBCA 4539, 4545 (Oct. 27, 2016) (Government is responsible for excess costs incurred because of Government's erroneous insistence (initially supported, but ultimately rejected, by DOL) that subcontractor was paying certain workers less than rates required by Davis-Bacon Act)

Sylvan B. Orr. v. Dept. of Agr., CBCA 5299 (Oct. 18, 2016) (dismisses claim that contractor should have been offered work under BPA because it did not commit Government to order any work; contractor's signature on general release accompanying final payment on order barred subsequent claim under that order for actions that occurred prior to execution of release; contractor failed to prove it signed release under duress; dismisses claim based on minor procedural missteps by Government in issuing CPAR; contractor's challenge to CPAR is moot because Government, recognizing contractor had not had an opportunity to comment on it, never utilized it)

Attenuation Environmental Co. v.  NRC, CBCA 4920, 5093 (Oct. 13, 2016) (denies claim for lost profits based on Government's failure to exercise option because Government had ordered more than guaranteed minimum quantity under IDIQ contract)

E Industry, Inc. v. DHS, CBCA (Oct. 13, 2016) (contractor's failure to inspect material prior to bidding in online auction does not preclude subsequent claim for misdescription of items in auction)

Native American Construction Services, LLC v. Dept. of Int., CBCA 5232 (Oct. 12, 2016) (denies breach claim because contractor presented no evidence that would permit the CBCA to determine quantum), request for reconsideration denied because it seeks relief on basis inconsistent with issue originally litigated

Douglas P. Fleming, LLC v. VA, CBCA 3658 (Sep. 27, 2016) (reduces various claimed amounts because contractor failed to track its actual costs of the disputed work and its testimony often at odds with contemporaneous written record; denies contractor's claim for costs associated with responding to cure notice because cure notice was justified by contractor's statements and actions threatening anticipatory repudiation; denies claims for excess painting costs because, under rules of contract interpretation, contract required contractor to paint all of the disputed area for the contract price; clear release in supplemental agreement precludes claim for costs of administrative time incurred prior to notice to proceed; failure to present evidence of performance of extra touch-up painting work) 

Jonathan Noeldner v. Dept. of Agr., CBCA 5539 (Sep. 23, 2016) (dismisses appeal because contractor failed to file claim with Contracting Officer within time limit established by timber sales contract)

Bullseye International SDVOB, Inc. v. VA , CBCA 5291 (Sep. 16, 2016) (denies claim to recover merchant transaction fees; agency did not use government purchase cards in amounts, or at intervals, that violated agency regulations)

ThinkGlobal Inc. v. Dept. of Comm., CBCA 4410 (Sep. 9, 2016) (dismisses (i) claim for Government's alleged failure to provide required information on one contract because claim accrued at contract award more than six years before claim was filed; (ii) claim for unfair competition from Government because contract did not give contractor right to operate on the disputed program; (iii) claim for delays in Government's response to FOIA request because it involves statutory, rather than contract, right), motion for reconsideration partially granted with respect to six-year limitations issue

Systems Management and Research Technologies Corp. v. DOE, CBCA 5437-C (4068) (Aug. 31, 2016) (allows EAJA recovery when agency does not dispute entitlement or quantum of EAJA request)

Impact Assocs., Inc. v. GSA, CBCA 4750-C(3552) (Aug. 31, 2016) (reduces EAJA claimed recovery by amount spent on proceedings at ASBCA, which ultimately decided it lacked jurisdiction; declines to reduce recovery on basis that contractor did not recover all of its claimed costs)

Sylvan B. Orr v. Dept. of Agr., CBCA 5229 (Aug, 29, 2016) (Board does not recognize non-attorney family member of pro se non-attorney appellant as appellant's legal representative for purposes of pursuing appeal)

Bryan Concrete & Excavation, Inc. v. VA, CBCA 2882 (Aug. 26, 2016) (contract obtained by contractor's false certification that it was an eligible SDVOSB was void ab initio)

Suffolk Construction Co. v. GSA, CBCA 4377 (Aug. 26, 2016) (denies Government's motion to dismiss board appeal as untimely filed with the Board more than 90 days after the Contracting Officer's decision on the original claim because contractor timely brought an action on the claim in the Court of Federal Claims, and that court, on the basis of an unopposed motion supported by good cause, then transferred the action to the Board pursuant to 41 U.S.C. § 7107(d))

Jonathan Noeldner v. Dept. of Agr., CBCA (Aug. 24, 2016) (despite confusion caused by multiple transmissions of notices of appeal, notice that referred to all claims being appealed and postmarked within 90 days of the Contracting Officer's decision was timely)

Stobil Enterprise v. VA, CBCA 5246 (Aug. 19, 2016) (dismisses appeal of claim not certified prior to Contracting Officer's decision), motion for reconsideration denied

Financial & Realty Services, LLC v. GSA, CBCA 5354 (Aug. 18, 2016) (dismisses contractor's claim; in fixed-price task order to provide an individual to perform property management services, fact that employee left to work for Government does not entitle contractor to payment for months in which no replacement was performing required services)

Regency Construction, Inc. v. Dept. of Agr., CBCA 3246, 4356(Aug. 17, 2016) (contractor may recover some of its claimed delay costs associated with delays in its subcontractor's access to site caused by presence of another contractor because Government had affirmatively warranted that the other contractor would have vacated the site by the date when the subcontractor was to  begin work)

Academy Partners, Inc., dba Academy Technology v. DOL, CBCA 4947 (Aug. 11, 2016) (allegation of existence of implied-in-fact contract for continued performance after base period of order ended was sufficient to survive motion to dismiss for lack of jurisdiction)

AMX Veterans Specialty Services, LLC v. VA, CBCA 5180 (Aug. 9, 2016) (denies Government's motion to dismiss; individual who signed certification on behalf of contractor had the requisite authority, as did the attorney who signed the notice of appeal)

ASW Assocs. v. EPA, CBCA 2326 (Aug. 4, 2016) (dismisses contractor's contention that  agency interfered with or hindered the contractor’s performance because contractor failed to provide any evidence of that assertion despite numerous requests during discovery that it do so)

Alaska Excavating, LLC v. DOT, CBCA 5342 (Aug. 2, 2016) (dismisses appeal filed more than 90 days after receipt of Contracting Officer's decision)

Bass Transportation Services, LLC v. VA, CBCA 4995 (July 6, 2016) (dismisses appeal of denial of contractor's certified claim for lack of jurisdiction because, although that appeal was timely filed, the contractor failed to timely appeal the previous default termination, overturning which would be a prerequisite to considering the current appeal)

ALLTECH, Inc. v. DHS, CBCA 4554, 4610 (July 1, 2016) (denies Government's motion for summary judgment because material issues of fact exist as to whether Government caused contractor to implement actions that increased its costs of performance)

Belle Isle Investment Co. Limited Partnership v. GSA , CBCA 4734 (June 30, 2016) (denies cross motions for summary judgment because of disputed issues of material fact and ambiguity of lease terms)

Bluegrass Contracting Corp. v. DOT, CBCA 5240 (June 29, 2016) (appeal with Postal Service postmark within 90-day limit was timely filed)

John Lewinger, as Receiver for  Corban ABQ V, LLC v. VA, CBCA 4974 (June 24, 2016) (allows appeal to proceed to develop factual record as to whether Government waived contractor's violations of Anti-Assignment statutes)

SecTek, Inc. v. NARA, CBCA 5084 (June 22, 2016) (contractor not entitled to Service Contract Act wage adjustment for higher wages it paid its employees beginning with first day of first option year pursuant to a new collective bargaining agreement because those wages were not incorporated in a wage determination applicable to the contract as of that date), on reconsideration, reversed and dismissed for lack of jurisdiction--matter within DOL jurisdiction

BMC Contracting, LLC v. Dept. of Agr., CBCA 4939 (June 15, 2016) (clear government disclaimers in timber sales solicitation and contract placed risks as to quality and quantity of timber on contractor and preclude recovery by contractor for negligent estimates or alleged government misrepresentations)

Marine Metal, Inc. v. DOT, CBCA 4740 (June 3, 2016) (solicitation and contract for sale of ship based on "as is/where is" condition precluded claim by contractor based on alleged misdescription of ship's weight)

CAE USA, Inc., v. DHS, CBCA 4776 (May 26, 2016) (contract did not require Government to permit contractor to retain government-furnished equipment relating to aircraft program Government canceled)

Asheville Jet Charter and Management, Inc. v. Dept. of Int., CBCA 4079 (May 19, 2016) (holds over for further proceedings question of whether departure of contractor's key employees constituted an excusable "strike" under commercial items contract terms and conditions)

Universal Home Health and Industrial Supplies, Inc. v VA, CBCA 4012, 4013, 5083 (May 17, 2016) (dismisses original appeals from terminations for default as moot because Government converted them to terminations for convenience; denies subsequent appeal that original terminations were made in bad faith because Government had reasonable basis to terminate and contractor did not respond adequately to Government's request for assurances), contractor's motion for reconsideration denied

José Gustavo Zeno v. Dept. of State, CBCA 4867 (May 6, 2016) (broad release of contractor's claims following a default termination did not preclude contractor from challenging termination for cause because it did not specifically waive his right to challenge a government claim)

Optimum Services, Inc. v. Dept. of Interior, CBCA 4968 (May 2, 2016) (GAO conclusion in protest under its CICA jurisdiction that agency had acted reasonably in terminating a contract for convenience was not res judicata in regard to the Board's ability to decide a CDA claim challenging the propriety of the termination)

AutoFlex, Inc. v. VA, CBCA 4196 (Apr. 29, 2016) (agency fulfilled bilateral agreement for 12-month vehicle lease at stated monthly price and was not obligated beyond that term or price)

Rodriguez Construction, LLC v. GSA, CBCA 4452 (Apr. 22, 2016) (determines extent of deductive change and date of substantial completion for computation of liquidated damages for late delivery)

Systems Management and Research Technologies Corp. v. DOE, CBCA 4068 (Apr. 6, 2016) (contract interpretation; hybrid contract called for T&M payments of hourly rates loaded with G&A and overhead but also for a separate, pre-established "fixed fee" apart from the T&M payments)

Americom Government Services, Inc. v. GSA, CBCA 2294 (Mar. 31, 2016) (Government constructively ratified initially unauthorized contract work)

Richter Developments, Ltd. v. GSA, CBCA 5119 (Mar. 24, 2016) (dismisses appeal for lack of CDA jurisdiction because contractor had failed to certify claim in excess of $100,000)

Moss Card Consulting, Inc. v GSA, CBCA 5193 (Mar. 15, 2016) (dismisses appeal because no claim had been submitted to Contracting Officer)

Jane Mobley Assocs, Inc. v. GSA, CBCA 2878 (Mar. 9, 2016) (contract interpretation; bilateral task order modification on its face changed billing from firm, fixed-price to labor-hour measure and contractor's conduct in changing its accounting methods to comport with that interpretation, plus contractor failed to inquire about patent ambiguity between terms of modification and interpretative statement made by Contracting Offier)

Comter Systems, Inc. v. GSA, CBCA 4878-C(3534) (Mar. 7, 2016) (denies application for EAJA recovery because agency had paid contractor without need of decision or order by Board and contractor had voluntarily withdrawn appeal)

Elite Quality Services, LLC v. Dept. of Comm., CBCA 5050 (Feb. 26, 2016) (dismisses appeal for failure to prosecute after contractor ignored repeated orders to respond to Government's dispositive motion) 

Ralph Muhammad v DOJ, CBCA 5188 (Feb. 24, 2016) (Board directs Government to file Complaint in appeal from default termination that did not provide specific notice as to reason for termination)

G2G, LLC v. Dept. of Commerce, CBCA 4996 (Feb. 24, 2016) (contractor not entitled to monetary damages when Government decides not to exercise option to extend term of contract and Board has no jurisdiction to compel specific performance), motion for reconsideration denied

Brent Packer and Myrna Palasi v. SSA, CBCA 5038, 5039 (Feb. 22, 2016) (no board jurisdiction over BPAs absent allegation of mutuality of obligation because BPAs are not contracts; Board has jurisdiction over appeal from terminations of call orders issued under BPAs because call orders are contracts; termination of commercial items contract for alleged failure to comply with contract terms requires cure notice and opportunity to cure; termination based on alleged conflict of interest made without cure notice is invalid)  

DekaTron Corp. v. DOL, CBCA  4428 (Feb. 22, 2016) (denies Government's motion to dismiss appeal for lack of CDA jurisdiction because, contrary to Government's allegations, the contractor's original claim was for a sum certain, the amount requested had not changed on appeal, and the contractor's allegation that its claim was based on a contract with the Government was all that was required to survive a motion to dismiss) 

Tucci and Sons, Inc. v. DOT, CBCA 4779 (Feb. 18, 2016) (fact that contractor's costs of performance were less than its bid estimate is irrelevant in determining excess costs attributable to differing site condition)

JDL Castle Corp. v. GSA, CBCA 4717, 4741 (Feb. 12, 2016) (denies contractor's claims because it did not provide any evidence of damages caused by the Government's alleged delays, and because it is implicitly seeking compensation for lost (i.e., delayed commencement of) rental payments, which are not compensable costs of performance)   

PJB Jackson-American, LLC v. GSA, CBCA 3628 (Feb. 11, 2016)  (loss of expectancy rather than diminution of future sale value is proper measure of damages resulting from Government's cancellation (repudiation) of building lease)  

Magwood Services, Inc. v. HHS, CBCA 4614 (Feb. 10, 2016) (denies claim under Suspension of Work clause because Government's actions were not "sole proximate cause" of delay; upholds Contracting Officer's withholding on funds pursuant to Inspection of Construction clause for retesting and rework of work originally provided by contractor)

P.J. Dick Inc. v. VA, CBCA 3927, 4099 (Feb. 8, 2016) (denies Government's motion for partial summary judgment that allegedly defective specifications were not defective because, although two specification requirements were clear and unambiguous, material questions remain as to why the contractor did not inquire concerning patent ambiguity before bidding and whether it was possible to comply with both specifications)

JR Services, LLC v. VA, CBCA 4826 (Feb. 3, 2016) (Board orders Government to re-file Answer containing specific responses to detailed allegations in 383-paragraph Complaint to replace one-page general denial)

R.A. Glancy & Sons, Inc. v. VA, CBCA 4060 (Jan. 15, 2016) (contractor can recover for work directed by government employees without authority because the Contracting Officer knew or should have known what was happening and stood by and let it continue)

Pacific  Coast Community Services, Inc., v. DHS, CBCA 5064 (Jan. 14, 2016) (dismisses appeal for lack of CDA jurisdiction because underlying claim failed to state a sum certain), motion for reconsideration denied

2015

Mission Support Alliance, LLC v. DOE, CBCA 4985 (Jan. 7, 2015) (denies contractor's motion to strike the Government's Answer as nonresponsive because (i) only notice pleading is required, (ii) discovery is used to flesh out the parties' positions, and (iii) the Contracting Officer's original decision disallowing certain contractor costs contained a detailed explanation of the Government's position)

Jane Mobley Assocs. v. GSA, CBCA 2878 (Jan. 5, 2016) (defenses asserted by contractor in response to Government's claim for overpayment were not CDA claims that were required to be submitted to Contracting Officer before becoming part of board appeal)

Aurora, LLC v. Dept. of State, CBCA 2872 (Dec. 21, 2015) (denies Government's motion to dismiss appeal from default termination because the prime had authorized the sub to file the appeal in the name of the prime)

Magwood Services, Inc. v. GSA, CBCA 4732 (Dec. 21, 2015) (no jurisdiction over appeal requesting Board to overrule a state court on a matter involving a dispute between a contractor and its subcontractor)

Bob L Walker v. Dept. of Agr., CBCA 4735 (Dec. 3, 2015) (dismisses appeal filed with Board more than 90 days after contractor's receipt of Contracting Officer's decision)

Magwood Services, Inc. v. GSA, CBCA 4975 (Dec. 3, 2015) (no jurisdiction over appeal because prior correspondence between contractor and Contracting Officer amounted to just a discussion of contract terms, not a CDA claim)

Brent Packer and Myrna Palasi v. SSA, CBCA 5038, 5039 (Dec. 1, 2015) (denies request to use small claims procedures for bare appeals of BPA terminations because such procedures are available only for monetary claims)

Coburn Contractor LLC v. VA, CBCA 5033 (Dec. 1, 2015) (dismisses untimely appeal filed more than 90 days after Contracting Officer's decision)

DNT Environmental Services, Inc. v. EPA, CBCA 3909 (Nov. 23, 2015) (contract interpretation; contractor was properly compensated for the tons of contaminated materials it actually removed and the cubic yards of backfill it actually provided, not based on the number of properties it worked)

EHR Doctors, Inc. v. SSA, CBCA 3522 (Nov. 18, 2015) (Government's cure notice did not amount to duress that voided subsequent modification signed by contractor)

Estes Brothers Construction, Inc., v. DOT,  CBCA 4963  (Nov. 17, 2015) (dismisses as untimely appeal transmitted to Board by email five minutes after 4:30 pm close of business on 90th day after contractor's receipt of Contracting Officer's decision)

Care One EMS, LLC v. VA, CBCA 3170  (Nov. 13, 2015) (in appeal of default termination, Board dismisses portion of complaint seeking monetary compensation because no monetary claim had previously been submitted to Contracting Officer for a decision, even though, during course of appeal, Government had converted default termination to one for convenience)

ServiTodo, LLC v. DHHS, CBCA 4777 (Nov. 13, 2015) (Government responsible for contractor's costs associated with directions from government employee unauthorized to change contract, which were incurred after Contracting Officer became aware of the unauthorized direction but did nothing to stop it)  

Hamilton Pacific Chamberlain, LLC v. VA, CBCA 4957 (Nov. 2, 2015) ("adequate claim documentation is not a CDA prerequisite"; defective certification is irrelevant when claim is for less than $100,000; submitting supporting documents to Board not previously submitted to Contracting Officer does not constitute new claim)

G2G, LLC v. Dept. of Commerce, CBCA 4845 (Sep. 29, 2015) (nonprecedential; extra work claimed by contractor was within requirements of basic contract), contractor's motion for reconsideration denied

Safe Haven Enterprises, LLC v. Dept. of State, CBCA  3871, 3912 (Sep. 29, 2015) (Contracting Officer's suggestion, coming more than 90 days but less than 12 months after prior decisions) that he would "take a look at" them, constituted reconsideration and contractor's appeal clock to either board or court did not start until either new decision issued or Contracting Officer reaffirmed prior decision)

Reliable Contracting Group, LLC v. VA, CBCA (Sep. 28, 2015) (on remand from Federal Circuit, Board (as it had in its original decision)  denies contractor's claim  for extra compensation for costs of providing new backup electrical generators because, at the time contractor originally proffered four-year-old generators,  contractor did not dispute VA's contention that those generators were not "new" as required by contract), motion for reconsideration denied

Kristin Allred v. VA, CBCA 4952 (Sep. 22, 2015) (dismisses appeal by individual not in privity of contract with Government)

Hearthstone, Inc. v. Dept. of Agr., CBCA 3725 (Sep. 17, 2015) (Forest Service failed to provide adequate evidence (e.g., reprocurement contract) to support its claim for reprocurement costs following default termination of timber sales contract)

Amir Aghdam v. GSA, CBCA  4673 (Sep. 15, 2015) (denies claim for costs to repair broken transmission because warranty at auto auction covered only misdescription and excluded any other warranties of condition, and vehicle was as described, there being no mention of the transmission in the description)

Western States Federal Contracting, LLC v. VA, CBCA 4612(3359)-REM (Sep. 8, 2015) (on remand from Federal Circuit, reaffirms original decision that LLC lacked capacity to bring action because it was not in good standing in state where it was organized)

A-Son's Construction, Inc. v. HUD, CBCA 3491, 3636 (Sep. 3, 2015) (contract interpretation; on cross-motions for summary judgment on interpretation of term "month" in contract, Board cannot determine when "month" starts  but can determine when it ends)

ARI University Heights, LP v. GSA, CBCA 4660 (Aug. 31, 2015) (no jurisdiction over portion of appeal related to monetary claim based on "speculated utility costs" in future years of lease because "formula that includes an unfixed variable cannot yield a sum certain."

Crockett Facilities Services, Inc. v. GSA, CBCA 4470-C(3772) (Aug. 19, 2015) (denies application for EAJA fees because contractor did not establish it met the size requirements and Government's position was substantially justified)

Fortis Networks, Inc. v. Dept. of Int., CBCA 4176 (Aug. 18, 2015) (both parties having failed to comply with contract requirement that fuel costs be negotiated prior to issuing task orders, Government did not breach duty of good faith and fair dealing by refusing contractor's request to negotiate costs after task orders were completed; contractor barred by release language in mods from seeking extra compensation for moving additional quantities of soil; apart from bare allegation, contractor failed to provide any evidence of delay costs due to differing site condition)

Xerox Corp. v. GSA, CBCA 3964 (July 30, 2015) (absent any defense by Government, contractor entitled to early termination charges specified in equipment rental agreement)

United Veterans Construction, LLC v. VA, CBCA  4930 (July 24, 2015) (dismisses appeal for lack of jurisdiction because contractor had filed only REAs, but not a claim, with Contracting Officer)

Dekatron Corp. v. DOL, CBCA 4444 (July 23, 2015) (although emails of Contracting Officer's decision to corporate officers failed to be delivered, email received by firm's attorney was sufficient to start appeal clock running)

Charles Blalock and Sons, Inc. v. DOT, CBCA 4601 (July 21, 2015) (nonprecedential; contract interpretation; clause specifically disallowing increased overhead claim for deductive change takes precedence)

Yates-Desbuild, Joint Venture v. Dept. of State, CBCA 3350, et al. (July 10, 2015) (issues involving claims of protection for documents subject to Board's protective order)

Akal Security, Inc. v. DHS, CBCA 3389 (July 1, 2015) (discoverability of documents related to settlement of separate lawsuit against contractor's claims of attorney-client and work product privileges)

Enterprise Information Services, Inc. v. DHS, CBCA 4671 (June 16, 2015) (contract interpretation; contract does not prohibit contractor from functioning as subcontractor in different functional category than one in which it holds prime contract)

Cooley Constructors, Inc. v. GSA, CBCA 3905 (June 8, 2015) (Board has jurisdiction over appeal filed directly by subcontractor, in the name of the prime, with the prime's prior authorization), Government's motion for reconsideration denied

Yates-Desbuild, Joint Venture v. Dept. of State, CBCA 3350, et al. (June 4, 2015) (refuses to exclude proffered testimony of scheduling expert on effect of building permit process on construction schedule)

Joseph Grasser t/a Grasser Logging v. Dept. of Agr., CBCA 2621 (June 2, 2015) (contractor not entitled to rate redetermination or monetary damages due to insect damage to some black cherry trees under timber sales contract because, inter alia, the Forest Service had disclaimed warranties in the solicitation and the timber turned out to be worth slightly more than the estimate in the solicitation)

Crockett Facilities Services, Inc. v. GSA, CBCA 4470-C(3772) (May 12, 2015) (refuses to dismiss as premature EAJA fee application filed before expiration of appeal period after board decision)

Systems Management and Research Technologies Corp. v. DOE, CBCA 4068 (May 12, 2105) (refuses to dismiss claims as untimely because contract required submission of voucher before obligation to pay arose and permitted contractor to submit voucher after contract completion)

Vet Tech, LLC, v. VA, CBCA 3835, 3836, 3837 (May 12, 2015) (dismisses items in complaint that had not been submitted to Contracting Officer for decision or had been withdrawn from previous claim before decision was issued)

Corrections Corp. of America v. DHS, CBCA 2647 (Apr. 30, 2015) (denies government motion to dismiss appeal for lack of jurisdiction after Contractor's repeated refusals to provide supporting cost information requested by Contracting Officer in support of contractor's REAs and then its claim)

LYB Mechanical Timber Falling and Processing v. Dept. of Agr., CBCA 4122 (Apr. 13, 2015) (Board refuses to dismiss portion of claim related to costs arising from suspension of work, because contract provision setting time limit for filing certain claims did not apply to this situation)

United Systems of Arkansas, Inc. v. HHS, CBCA 4518, 4519 (Apr. 7, 2015) (Board lacks jurisdiction over dispute between Government and subcontractor, absent sponsored appeal)

Kepa Services, Inc. v. VA CBCA  2727 et al. (Apr. 3, 2015) (Absent a subpoena or prior submission of certified cost or pricing data by contractor, only means for VA's OIG to audit records related to claims is through the Board's discovery rules, with requests made to the contractor's counsel)

MLJ Brookside v. GSA, CBCA 3041 (Mar. 31, 2015) (upholds GSA's termination of lease for default after lessor re-let space without lessee's permission following federal tenant's vacation of premises)

Yasmin Saighi v. GSA, CBCA 3693 (Mar. 25, 2015) (denies buyer's action to recover for allegedly misdescribed boat purchased at online auction)

Safe Haven Enterprises LLC v. Dept. of State, CBCA 3871, 3912 (Mar. 25, 2015) (Board orders further development of record to decide disputed factual issue of whether Contracting Officer had agreed to reconsider final decision and, thus, toll time period for filing appeal)

I-A Construction & Fire, LLP  v. Dept. of Agr., CBCA 2693 (Mar. 17, 2015) (upholds default termination because contractor presented no adequate defenses or excuses; dismisses government request for excess reprocurement costs and contractor's request for excess costs for lack of jurisdiction because neither was the subject of a prior decision by Contracting Officer)

RAK Contractors, LLC v. Dept. of Agr., CBCA 4011 (Mar. 19, 2015) (upholds default termination because contractor failed to perform and did not establish requirements for mistake in bid or that its financial difficulties were an acceptable excuse for nonperformance)

Impact Assocs. v. GSA, CBCA 3552 (Mar. 17, 2015, as revised Mar. 31) (contractor entitled to recover out-of-pocket expenses sustained as a result of directives issued by the Government that were outside the scope of task order and changed the nature of the order)

Americom Government Services v. GSA, CBCA 2294 (Mar. 10, 2015) (denies Government's motion to dismiss for lack of jurisdiction because of open question whether there was implied-in-fact contract based on institutional ratification)

Mykola Shchupak v. GSA, CBCA 4380 (Mar. 6, 2015) (denies claim that car purchased at on-line auction was not car shown in photograph because auction materials warned bidders not to rely on photographs and plaintiff declined to inspect actual car before bidding)

Construction Group LLC v. DHA, CBCA 4459 (Mar. 4, 2015) (no CDA jurisdiction because no underlying claim or Contracting Officer's decision), motion for relief from judgment denied

Joseph Grasser t/a Grasser Logging v. Dept. of Agr., CBCA 2621 (Mar. 2, 2015) (timber sale contract; contractor cannot establish requirements for "catastrophic damage" to purchased timber under "Damage by Catastrophe" clause)

Hearthstone, Inc. v. Dept. of Agr., CBCA 3725 (Feb. 27, 2015) (denies appeal from default termination because contractor failed to prove required elements of excuse of commercial impracticability)

Kepa Services, Inc. v. VA, CBCA 2727, et al. (Feb. 19, 2015) (grants, in part, contractor's motion to compel discovery but grants Government enlargement of previously established discovery schedule)

Systems Integration and Management, Inc. v. GSA, Nos. 3815-C(1512), 3816-C(1537) (Feb. 18, 2015) (even though agency's litigation position was not substantially justified at the outset, it became so after the agency made a reasonable settlement offer, which the contractor rejected; therefore, contractor's EAJA award limited to period before settlement offer), motion for reconsideration denied

Leeward Construction Corp. v. VA, CBCA 3724 (Jan. 26, 2015) (phrase "provided by VAMC" in title to asbestos abatement section of specifications reasonably interpreted by bidders to mean such work would be performed by Government after VA refused to clarify phrase in questions and answers, especially where VA's subsequent  interpretation of phrase made no sense), Government's motion for partial reconsideration as to proper calculation of fee pursuant to subparagraph (5) of (VAAR) 852.236-88(b) granted

Group Health Inc. v. HHS, CBCA 3407 (Jan. 22, 2015) (subcontractor entitled to post termination costs of maintaining sufficient staff and resources to support long-delayed and protracted government audit)

Columbia Construction Co. v. GSA, CBCA 3258 (Jan. 20, 2015) (contractor is entitled to extra costs associated with construction method directed by Government because less expensive method contractor originally intended to use also complied with contract specifications), Government's motion for reconsideration denied

Gatekeepers Internet Marketing, Inc. v. GSA, CBCA 3915 (Jan. 15, 2015) (dismisses appeal for lack of jurisdiction because there was no underlying "claim" that sought a decision from Contracting Officer or demanded a sum certain)

Capitol Construction, Inc. v. HUD, CBCA 4111 (Jan. 14, 2015) (dismisses appeal for lack of jurisdiction because there is no underlying contract with an executive agency of the federal Government)

2014

Kiewit-Turner, A Joint Venture v. VA, CBCA 3450 (Dec. 9, 2014) (declaratory judgment that (i) modification required Government to provide design that could be built for specified amount; (ii) Government breached obligation that satisfied that requirement; (iii) therefore, contractor is entitled to stop work). See earlier ruling that consideration of declaratory relief was appropriate in circumstances of this dispute.

Government Services Corp. v. DHS, CBCA 4204 (Nov. 19, 2014) (dismisses (as untimely) appeal filed 91 days after receipt of Contracting Officer's decision)

Brasfield & Gorrie, LLC v. VA, CBCA 3300, et al. (Nov. 13, 2014) (imposes sanctions against agency for repeated discovery delays and failures to comply with Board's orders)

Butte Timberlands, LLC v. Dept. of Agr., CBCA 3232 (Nov. 7, 2014) (agency properly canceled contract executed by someone who lacked authority to act on behalf of contractor, as void ab initio)

Lynchval Systems Worldwide, Inc. v. Pension Benefit Guaranty Corp., CBCA 3466 (Nov. 4, 2014) (disputed material issues of fact preclude summary judgment in favor of Government on whether modification was signed under economic duress)

Environmental Safety Consultants, Inc. v. Dept of Int., CBCA 2943 (Oct. 22, 2014) (dismisses appeal with prejudice after contractor's victory at CAFC)

EHR Doctors, Inc. v. , SSA CBCA No. 4117 (Oct. 21, 2014) (dismisses untimely filed appeal)

McAllen Hospitals, LP dba South Texas Health System v. VA, CBCA 2774, 2775 (Oct. 2, 2014) (contract did not limit contractor to payment rate alleged by VA)

SOS International, Ltd. v. DOJ, CBCA 3678 (Sep. 26, 2014) (contractor not permitted to apply a mark-up rate for G&A expenses in its billings for exception travel ordered under the contract)

Brad West & Assocs., Inc., CBCA 3879 (Sep. 18, 2014) (denies Government's motion to dismiss appeal from deemed denial; Government has not shown why it needed additional time to issue decision)

Au' Authum Ki Inc. v. DOE, CBCA 2505 (Sep. 10, 2014) (release in contract modifications did not apply to Differing Site Conditions claims)

L&L Excavating & Land Clearing, LLC v. Dept. of Agr. , CBCA 3911 (Sep. 4, 2014) (contract did not allow damages for lost income during time timber sales contract was suspended)

DMW Marine Group v. Dept. of Commerce, CBCA 3518 (Aug. 14, 2014) (termination for cause improper because it was based on nonconforming crane that the Government had already accepted with knowledge of its nonconformity)

Americom Government Services, Inc. v. GSA , CBCA 2294 (Aug. 13, 2014) (no express or implied contract, but additional fact finding needed to determine whether there was "institutional ratification" of alleged agreement)

Affiliated Western, Inc. v. VA, CBCA 3877 (July 25, 2014) (Project Manager did not have authority to submit notice of appeal on behalf of corporation)

Jane Mobley Assocs., Inc. v. GSA, CBCA 2878 (July 16, 2014) (rulings on various claims of attorney-client privilege by Government allegedly covering emails and other documents), vacated to permit Government to submit log of allegedly privileged documents 

Vet-Tech, LLC v. VA, CBCA 2908 (July 10, 2014) (dismissed for failure to prosecute after repeated failures to respond to the Board's orders) 

Qwest Communications Co., LLC v. GSA , CBCA 423 (July 1, 2014) (Government owes CDA interest from date claim submitted to Contracting Officer even though Government did not dispute the claimed amount; Government owes PPA interest from date of novation agreement, which stated that "[t]he Government shall, as soon after the date of this Agreement as reasonably possible, make all payments and reimbursements under the contract to [the contractor]")

First Preston Management, Inc. v. HUD, CBCA 3563 (June, 26, 2014) (denies cross motions for summary judgment because record has not been adequately developed to resolve issues)

Brookwood Research Center, LLC v. GSA. CBCA 3783 (June 19, 2014) (grants contractor's request for payment under Tax Adjustment clause because evidence establishes it more probable than not that contractor timely mailed documents in accordance with requirements of contract, even though Government established prima facie case it did not receive the information)

EHR Doctors, Inc. v. SSA, CBCA 3522 (June 11, 2014) (dismisses claim not presented to Contracting Officer for decision; denies government motion for summary relief as to second claim that involves allegations that contractor signed modification only under improper duress from government)

Muse Business Services, LLC v. Dept. of Treas., CBCA 3537 (May 29, 2014) (dismisses appeal because BPA is not a contract)

JRS Management v. DOJ, CBCA 3288 (May 28, 2014) (denies claims: agency fulfilled its obligations under contract and its notice of its intent to exercise the option did not commit it to exercise that option); motion for reconsideration denied

Russell Sand & Gravel Co. v. IBWC, CBCA 3781-C(2235) (May 21, 2014) (partially grants EAJA application after successful appeal, reduces attorney's $250 hourly rate to $125 statutory limit)

Magwood Services, Inc. v. DOT, CBCA 3630 (May 8, 2014) (no jurisdiction over dispute between contractor and private airport)

J.C. Lee v. Dept. of Agr., CBCA 3536 (Apr. 29, 2014) (under timber sales contract, contractor did not own timber that had not yet been measured, removed, and paid for and agency within its rights to prevent contractor from cutting timber that had been mistakenly marked for cutting)

SBBI, Inc. v. IBWC, CBCA 5213 (Apr. 21, 2014) (denies cross motions for summary judgment due to open fact issues raised by competing affidavits as to whether agency could have acted in such a way as to avoid flooding project site so that appellant would not have been delayed, or whether agency’s actions were unavoidable, but served to mitigate the delay)

Anthony Moore v. Dept. of Agr., CBCA 3285 (Apr. 17, 2014) (dismisses appeal for failure to prosecute after appellant missed several deadlines and extension to file a complaint)

Eurasia Partners. LLC v. Dept. of Treas., CBCA 3229 (Apr. 14, 2014) (claim for misdescription in online auction is dismissed because appellant missed 30-day deadline for filing claim in Property Descriptions clause by one day)

Brasfield & Gorrie, LLC v. VA, CBCA 3354 (Apr. 7, 2014) (denies contractor's motion for partial summary judgment; Government's delays in auditing subcontractor claims not sufficient to grant claims when there are genuine issues of fact regarding claims)

Moshe Safdie and Assocs., Inc. v. GSA, CBCA 1849, 2386 (Apr. 4, 2014) (standards for considering (i) contractor claims for extra work under a design contract and various cost elements including extra work by salaried employees and appropriate overhead rates and (ii) Government's counterclaim for delay in providing adequate design)

Kiewit-Turner A Joint Venture v. VA, CBCA 3450 (Mar. 27, 2014) (standards governing disclosure of videotapes and transcripts of discovery depositions and discovery motions)

Treasure Valley Forest Products v. Dept. of Agr., CBCA 3604 (Mar. 25, 2014) (dismisses appeal as untimely because it was filed more than 90 days after the earliest date the contractor received a copy of the Contracting Officer's decision on its claim, even though it also received confirming copies on subsequent dates)

Jane Kim & Co. v. GSA, CBCA 2809, 3221 (Mar. 25, 2014) (denies lessor's claims for unpaid rent and damages to property because leased building was untenantable due to problems not attributable to the Government as the lessee)

CB&I Federal Services LLC v. Dept. of Homeland Security, CBCA 3112, 3113, 3318 (Mar. 7,2014) (denies government motion to dismiss; complaint alleges claims sufficiently similar to those presented to Contracting Officer for decision)

Persaud Companies, Inc. v. GSA, CBCA 3179 (Mar. 14, 2014) (dismissed for failure to prosecute)

Omni Pinnacle, L.L.C. v. Dept. of Agr., CBCA 2452 (Feb. 28, 2014) (cooperative agreement between Federal Government and local Parish did not give rise to procurement contract whereby Federal Government received direct benefit from work of Parish's contractor)

ACM Construction and Marine Group, Inc. v. Dept. of Transportation, CBCA 2245, 2345 (Feb. 28, 2014) (overturns default termination because (i) contractor's interpretation of disputed contract requirement was only reasonable interpretation; (ii) termination for failure to make progress did not take into account excusable delays due to unexpected amount of rust encountered by contractor; (iii) Government's message to contractor did not amount to request for adequate assurances of performance; and (iv) Government failed to produce any evidence that contractor actually damaged government equipment)

Akal Security, Inc. v. Dept. of Homeland Security, CBCA 3389 (Feb. 19, 2014) (denies government motion to summarily dismiss appeal for failure to state claims based on mutual mistake and breach of duty to cooperate and not to hinder performance)

Western States Federal Contracting, LLC v. VA, CBCA 3359 (Feb. 11, 2014) (dismisses appeal for lack of standing because appellant failed to prove it was LLC in good standing in state in which it was organized), motion for reconsideration denied (correcting problem with state after case dismissed does not cure original problem)  

Mahshid Nadiry v. Broadcasting Board of Governors, CBCA 3531 (Feb. 7, 2014) (dismisses appeal for failure to prosecute after appellant failed to respond to several orders from Board)

633 17th Street Operating Co., LLC  v. GSA, CBCA 3590 (Jan. 31, 2014) (interpretation of lease with regard to Government's proper share of building's property taxes)

Toma West Management Corp. v. GSA, CBCA 2910 (Jan. 31, 2014) (dismisses appeal for lack of jurisdiction because appellant, managing agent of contractor, has no contractual relationship with Government)

Carlet B. Merrell v. GSA, CBCA 3410 (Jan. 28, 2014) (denies claim by auction purchaser who chose not to inspect vehicle in advance)

U.S.I.A. Underwater Equipment Sales Corp. v. Dept. of Homeland Security, CBCA 2579 (Jan. 27, 2014) (upholds termination for cause due to government tests showing leaking dry suits, but dismisses government claim for excess reprocurement costs as premature because it was not the subject of a written decision by the Contracting Officer)

Gottfried Contracting, LLC v. GSA, CBCA 3443 (Jan 24, 2014) (denies claim by contractor who did not not inquire regarding patent ambiguity prior to bidding) 

Group Health Incorporated on Behalf of Douglas Consulting & Computer Services, Inc. v. HHS, CBCA 3407 (Jan. 9, 2014) (certification made by prime contractor sponsoring subcontractor's termination for convenience claim was CDA compliant; no subcontract provision immunized prime from liability and, therefore, claim was not precluded by Severin doctrine)

2013

Walterboro Motor Sales Co. v. GSA, CBCA 3611 (Dec. 19, 2013) (denies claim for repairs to vehicle purchased at government auction because it was not misdescribed)

CMEC ARC Electric JV, LLC v. VA, CBCA 2806 (Dec. 18, 2013) (denies contractor's claim for extra money to deliver item clearly required by specifications)

VSE Corp. v. Dept. of Treas., CBCA 3042 (Dec. 12, 2013) (contract provisions made contractor liable for damage caused by Hurricane Irene to government vehicles stored in contractor's care and possession)

Reliable Contracting Group, LLC v. VA, CBCA 3048 (Nov. 27, 2013) (denies claim for improper rejection because generators offered by contractor had been in storage for previous four years and, therefore, did not meet the contract's requirements that they be new and available for testing at their manufacturing facility)

Russell Sand & Gravel Co. v. IBWC, CBCA 2235 (Nov. 6, 2013) (finds most of costs claimed in contractor's convenience termination settlement proposal to be recoverable)

Kap-Sum Properties, LLC, CBCA 2544 (Oct. 31, 2013) (denies appeal; lessee (Government) did not breach lease, so lessor's termination of it was improper)

Jane Mobley Assocs. v. GSA, CBCA 2878 (Oct. 31, 2013) (overwhelming weight of evidence establishes that extension to fixed-price contract was, itself, fixed price (rather than T&M) so that actual hours worked by contractor were irrelevant to amount it was entitled to bill). Government's motion for reconsideration denied.  

Project Solutions Group v. DOT, CBCA 3411 (Oct. 23, 2013) (nonprecedential; excessively high relative humidity levels at installation site for new flooring were not differing site condition but likely were caused by fact that contractor repeatedly watered the area to keep down the dust)

Systems Integration & Management, Inc. v. GSA, CBCA 1412, 1537 (Sep. 25, 2013) (contractor entitled to payment for invoices it submitted on various delivery orders for completed work, with adequate supporting documentation, which agency refused to pay without justification, plus Prompt Payment Act interest), Government's motion for reconsideration denied

Selrico Services, Inc. v. DOJ, CBCA 3084 (Sep. 12, 2013) (Government satisfied requirements of 31 U.S.C. 3716(a) in offsetting money due under USMS contract against money improperly paid to same payee under separate Army contract)

Tricon Timber, LLC v. Dept. of Agr., CBCA 3464 (Sep. 6, 2013) (contractor's submission satisfied requirements for a claim even though it was labeled an "invoice," and the fact that the Contracting Officer's decision did not advise the contractor of its appeal rights did not deprive the contractor of the right to appeal)

600 Second Street Holdings LLC v. SEC, CBCA 3228 (Aug. 22, 2013) (fact that lessor had, in the past, charged less than the maximum amount allowed by lease for additional parking spaces did not preclude it from raising the charge to the maximum amount)

Butte Timberlands, LLC v. Dept. of Agr., CBCA 3232 (Aug. 8, 2013) (denies summary judgment motion by contractor because of genuine issues of material fact over whether contract had been formed)

Care One EMS, LLC v. VA, CBCA 3170 (Aug. 8, 2013) (denies summary judgment motion by Government because of material issues of fact concerning whether contractor breached contract and whether breach justified termination)

Summit Commerce Pointe, LLC v. GSA, CBCA 2652, 2845 (July 23, 2013) (dismisses appeal by assignee of lease for lack of jurisdiction because Government did not recognize or accept the assignment)

EHR Doctors, Inc. v. SSA, CBCA 3426 (July 23, 2013) (dismisses appeal regarding uncertified claim in excess of $100,000 for lack of jurisdiction)

Free&Ben v. GSA, CBCA 3052 (July 15, 2013) (affirms agency's assessment of liquidated damages for buyer's failure to make timely payment for item bought at online auction)

James A. Cummings, Inc. v. VA, CBCA 2409 (June 28, 2013) (Government's rejection of type of piping permitted by contract and requirement to use steel piping was a compensable change)

The Ducke Group LLC, dba Haven House Veterans Resource v. VA , CBCA 3230 (June 24, 2013) (denies claim by contractor for alleged expenses not recouped because of Government's alleged underutilization of contract to provide room and board for homeless veterans for a fixed per diem rate because contract was not cost reimbursable and was not a requirements contract, nor did it contain a guaranteed minimum quantity), motion for reconsideration denied

Hart Ventures, Inc., d/b/a A-1 Fire Services v. Dept. of Agr., CBCA 3081 (June 21, 2013) (Board lacks jurisdiction over appeal from termination of blanket purchase agreement because such agreements are not contracts)

IAP World Services, Inc. v. Dept. of Treas., CBCA 2709 (June 20, 2013) (grants appeal for excess costs in FFP contract because contractor followed Government's directions to base its bid on certain costs related to service calls published in the solicitation that turned out to be inaccurate) 

EM Logging v. Dept. of Agr., CBCA 2397, 2427 (June 18, 2013) (upholds termination due to multiple violations of various contract terms that were repeated by the contractor), motion for reconsideration denied  (proper for Board to base its decision on evidence included in written record, even if it was not cited at the hearing or argued in the briefs), reversed on appeal to CAFC

Ryll International, LLC v. DOT, CBCA 2069 (June 6, 2013) (dismisses for failure to prosecute after contractor did not answer phone and failed to respond to several messages regarding scheduled video conference hearing)

Proteus, Inc. v. VA, CBCA 2414, 2657 (May 23, 2013) (denies government motion to dismiss for failure to prosecute because both parties engaged in "a pattern of non-egregious, albeit frustrating, delay")

Soto Construction Co. v. Dept. of Agr., CBCA (May 1, 2013) (dismisses untimely appeal for lack of jurisdiction)

Environmental Quality Management, Inc. v. EPA, CBCA 3072 (Apr. 30, 2013) (denies government motion for summary judgment because of unresolved factual issues concerning type of contract involved)

West Bay Builders, Inc. v. Dept. of Int., CBCA 2722 (Apr. 29, 2013) (denies government motion for summary judgment because issues of fact remain unclear and unresolved)

R&G Food Services, Inc. d/b/a Port-A-Pit Catering v. Dept. of Agr., CBCA 3126 (Apr. 22, 2013) (no CDA jurisdiction over claim for "not less than" a specified amount)

Turner Construction Co. v. Smithsonian Institution, CBCA No. 2862 (Apr. 19, 2013) (contract interpretation; parties failed to reach agreement on fixed contract price; therefore, contractor is entitled to be compensated (under theory of equitable adjustment) for its reasonable costs of performance)

Selrico Services, Inc. v. DOJ, CBCA 3084 (Mar. 27, 2013) (denies Government's motion to dismiss for lack of jurisdiction; Board has jurisdiction over claim that Government improperly offset against appellant funds that Government had mistakenly paid to another contractor)

Executive Personnel Services, Inc. v. SBA, CBCA 3044 (Mar. 25, 2013) (dismisses appeal filed 92 days after receipt of Contracting Officer's decision, as untimely) 

Payne Enterprises v. Dept. of Agr., CBCA 2899 (Mar. 19, 2013) (declining prices for the timber, overall economic decline, and a precipitous drop in housing starts and housing remodeling resulting in a downward spiral of demand for hardwood lumber did not excuse contractor's failure to complete timber sales contract)

ALK Services, Inc. v. VA, CBCA 1789 et al. (Mar. 15, 2013) (contractor failed to present sufficient evidence to establish either bad faith by the Government or to quantify damages allegedly flowing from breach of requirements contracts for grounds maintenance services at national cemeteries)

U.S.I.A. Underwater Equipment Sales Corp. v. DHS, CBCA 2579 (Mar. 5, 2013) (denies cross motions for summary judgment as to propriety of default termination of delivery order because issues of fact remain concerning whether, and to what extent, order required testing of dry suits, which led to termination)

Expediters Worldwide USA, Inc. v. GSA, CBCA 2748, 3237 (Feb. 28, 2013) (sustains appeal of default termination of auction sales contract because significant information was not disclosed in bid description concerning large amount of water in tanks that would have to be disposed of and because Contracting Officer's failure to inform buyer of agency's availability to undertake that disposal breached duty to cooperate with contractor in performance of contract)

JRS Management v. DOJ (Feb. 15, 2013) (Board lacks jurisdiction over claim that relies on same operative facts (objections to the Government's performance evaluations) as prior claim  that was not timely appealed to Board)

Kurtis Parker v. GSA, CBCA 2819 (Feb. 7, 2013) (appeal from government claim for liquidated damages dismissed for failure to prosecute because appellant failed to respond to Government's reasonable request for documentation supporting appellant's contentions)

New Iraq Company 2003 v. Dept. of the Army, CBCA 3109 (Feb. 5, 2013) (CBCA lacks jurisdiction over appeal from decision by Army Contracting Officer)

Tobias Schunck v. GSA, CBCA 3079 (Jan. 31, 2013) (notice of appeal sent by Federal Express that did not arrive at Board until 91st day after receipt of Contracting Officer's decision is untimely)

Drennon Construction & Consulting, Inc.. v. Dept. of Int., CBCA 2393 (Jan. 4, 2013) (defective specifications and differing site condition made resulting period of suspension of work unreasonable per se)


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