Things I Wish They Had Told Me in Law School or Early in My Career
Bloomberg Federal Contracts Report
- Brown Rudnick wins M&A Deal of the Year (Over $1 Billion) at the 12th Annual M&A Advisor Awards Gala
- Brown Rudnick LLP Launches Real Estate Blog
- Brown Rudnick Donates $60,000 to UNICEF to Support Communities Affected by Typhoon Haiyan
ASBCA to Navy: Contractors can limit their claims to less than their entitlement
In Appeal of Duncan Aviation, Inc., ASBCA 58733 (December 3, 2013), Duncan did not seek recovery of all its costs. Specifically, because Duncan’s costs mostly were for parts, it did not seek recovery of direct labor costs, indirect costs or profits. The Navy was delighted with that and embraced the opportunity to save taxpayers money and limit the dispute to a smaller amount. ….Not really.
Better late than never doesn't work for lawsuits.
The following is how the U.S. Court of Federal Claims recently summarized a case that it threw out because, in part, it was brought too late:
“Plaintiff Eden Isle Marina, Inc. operates a commercial marina located on a lake owned by the United States Corps of Engineers (“Corps”). It contends that the Corps breached the commercial concession leases governing its operation of the marina by thwarting its repeated attempts to develop its leasehold as permitted by the express terms of the leases. It further contends that the Corps deprived it of its property without just compensation in violation of the Fifth Amendment of the United States Constitution. After hearing plaintiff’s case-in-chief at trial, it is crystal clear that the Corps–from its civilian leadership at headquarters through its personnel in the local office–breached its contracts and grievously wronged plaintiff. It is equally clear that one of plaintiff’s elected representatives actively worked against plaintiff to prevent it from developing its leasehold. Plaintiff stood no chance to enjoy the benefit of its contracts with the Corps in the face of the political forces aligned against it.” (Eden Isle Marina, Inc. v. United States, No. 07-127 C, October 29, 2013).