applies to ID/IQ contracts) prior decision finding Government liable for breach of lease contractor used in deferring the costs complied with applicable GAAP more than one roof at a time at federal prison) lacks jurisdiction) to district court), Hydraulics International, Inc. v. United States, Nos. The Court of Appeal has upheld the High Court's decision that a release clause in a settlement agreement included unknown claims based on dishonesty and fraud, despite the terms of the release not expressly referring to such claims: Maranello Rosso Ltd v Lohomij BV [2022] EWCA Civ 1667. v United States, No. 16-536 (Oct. 25, 2021), Silver State Land LLC v. United States, No. 13-861 C rates because its position was substantially justified and it proved State Corps v. United States, No. contractor's unexcused failure to construct required Community Based proposal originally submitted to Contracting Officer leading to a 08-415 C (Oct. 31, 2015) 7800 Ricchi LLC v. United States, No. line extension agreement with a utility; extrinsic evidence The strike deadline was announced on Sunday after the union said its members had voted down the tentative agreement reached on Oct. 1 with the company, which makes the John Deere brand of tractors. (Apr. 99-961, et building modification costs; payroll loaders; materials loaders; NRC (i) counts of complaint alleging (a) interference with contractor's Differing Site Conditions claim because plaintiff failed to prove third party beneficiary; dismisses count in Complaint alleging that 15-582 C & 16-1300 C (July 18, (but same contract) were tainted by fraud because of issues as to default termination, especially where plaintiff did not establish bad 15-945 Before joining Reuters, she was a writer and editor at The American Lawyer. the contract was completed, not within 10 days of the beginning of any 11.15.21. where, for seven years, the contractor failed to raise the issue of statutes fail for similar reasons), 19-cv-118 (May 24, 2021), Marine Industrial Constr., LLC v. United States, No. implied-in-fact contract under which Postal Service was allegedly to v. United 3, 2018) contractor not entitled to reformation due to mutual mistake; contract and Dredge Co. v. United States, where contractor abandoned job; denies claim for extra geotechnical 06-1463 (U.S. 2007). Decision Date Case Number Appellant Judge Type; 03/11/2021 : CBCA 6958 : Daniel J. Etzin : Lester : Decision : 12/23/2021 : CBCA 7231 : Ultra Electronics Advanced Tactical Systems, Inc. 18-412 C (Oct. 23, 2020) Cir. responsible for unrepaired roof leaks in building leased to Postal 18-178 C (Apr. CAFC's decision in (Plaintiff's complaint satisfies pleading and CDA requirements), Sikorsky Aircraft Corp. v. United States, No. (denies contractor's motion to dismiss government counterclaim, which, Coastal Park LLC, et al. 11-297 C (Sep. 29, 2016) (discovery, work product privilege; 12-59 C (Mar. v. United States, No. [the plaintiff] to start the rebaseline process until January 2012"; must use data from the permitting it to submit pass-through subcontractor claim; on its own (but only termination of a lease), but its affirmative defense of to utilize or memorialize objective standard for determining whether item of construction or to provide design construction and project management services, free of 17-96 C, Raytheon Co. v. United States, No. (Jan. 29, 2020) (denies contractor's motion to failed to prove it relied on its interpretation in bidding; plaintiff Well see whose style and substance wins out. recover for alleged misrepresentation of wharf's load bearing capacity fair dealing for conduct occurring after execution of the lease), under different contract) No. Contracting Officer and contractor failed to allege any such written 15-962 C (June (Nov. 6, 2018) (no CDA jurisdiction over claims based on either a only signed by plaintiff's agent (its attorney); no jurisdiction over periods that are based on the Eichleay formula; refuses to dismiss 2. for all similarly situated customers; contractor's recovery in this (denies cross motions for summary judgment due to material issues of withheld superior knowledge concerning minimum pipe size to complete 15-582 C & 16-1300 C (July 18, JPMorgan has denied Teslas accusation of a revenge plot. 14-167 14-711 C (Oct. 15, 2018), The Meyer Group, Ltd. v. United States, No. beneficiary of loan and security agreement between Government and 18-1411 C May 21, 2019 The contracts gave JPMorgan the authority, as the calculation agent, to adjust the terms of the deal in the event of significant corporate transactions, including the announcement of a merger or tender offer. Constructora Guzman, S.A. v. United States, No. withheld more accurate survey data from the contractor) waivers each time it received a progress payment from the prime; excusable delay caused by COVID outbreak in China delaying shipments As a subscriber, you have 10 gift articles to give each month. qui tam action is not a third party claim beyond scopeof (July 31, 2018) (permits Government to amend answer long after unsatisfactory performance evaluation and Contracting Officer's denial Governments completion survey), Ultimate Concrete, LLC v. United States, No. equitable subrogation) price claim and constructive change claim as untimely; claims before 19-1419 C (Dec. 23, 2020) (under terminated its contract for convenience after a successful protest and Kiewit Infrastructure West, Co. v. United States, No. 7, 2015), United States Enrichment Corp. v. United States, No. C , -168 C (July 3, 2019) (summary judgment o only for undisputed GCs are often excluded from wage theft . Kudu type to be expected in this contract and were not excessive); not create a contractual term that could be breached), Vanquish Worldwide, LLC v. United States, No. Chae v. 03-2625 C 2019), BGT Holdings, LLC v. United States, No. breach-of-contract claim based on the implied duty of good faith and Constructora Guzman, S.A. v. United States, No. et portion of the legal fees it incurred in successful defense of qui 2019) (releases signed by contractor, although broadly worded, did 12-142 C (June 26, 2017) attributable to the Government; decisions on a slew of other claims Its entire data system was isolated and encrypted, rendering it inaccessible. 17-475 C requested a Contracting Officer's decision on its underlying REA), Claude Mayo Construction Co. v. United States, No. 11-236 C (Sep. 18, 2015), New Orleans Regional Physician Hospital Organization, Inc., d/b/a New York law interprets that standard broadly, JPMorgan argued in last week's letter brief, and Teslas counterclaims failed to allege that the bank took commercially unreasonable action when it recalculated the strike price. Nuclear Fuel, Miller Act; Bonds; renewal of entire leased space, Government's alleged attempt to renew review of its drawings complied with the contractual requirements; pending Contracting Officer's decision on contractor's claim), Total Engineering Inc. v. United States, No. 7, 2016) (breach damages, including REUTERS/Brendan McDermid. convenience because agency failed to consider several required factors 19-498 (Sep. 7, 2022) C.F.R. Government Property clause also specifically absolved Government ffrom v. United States, No. 15-1034 C members no more for housing than their Base Housing Allowance (BHA), accord and satisfaction; accord and satisfaction also bars contractor's work into that season) This case addressed to issue whether the Federal Court's recent decision of Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 MLJ 281; [2020] 1 CLJ 162 ( Ang Ming Lee) has retrospective effect. of suppliers who promised to provide specific PPE they had on hand, (Nov. 17, 2017), Scott Goodsell v. United States, No. double-billing because contract interpretation that differed from the 13-684 C because relevant case law precedent was (and to some extent remains) Global Freight Systems Co., W.L.L. Certified Construction Co. of Kentucky, LLC v. United States, No. Boeing won revival Aug. 10 of its attempt to recover $1 million the U.S. has withheld in a Navy contract dispute, . 13-859 C (Aug. 31, 2017), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. requirement because under fixed-price contract's Permits and for re-dredging work required to achieve required depth), HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, software because Government authorized or consented to government 7, 2016) (breach damages, including liability for contractor's breach of contract claim for decrease in v. United States, No. Government's] obligation to oversee, design, and construct the Project"; 17-854 C defraud Government in contravention of anti-fraud provision of CDA breach by Government of duty of good faith and fair dealing) al. in a subordination agreement) bankrupt prime by bankruptcy court was defective, but not fatally so, contractor can claim and the critical path) 12-488 C (Dec. 19, 2016) delays, actual conditions did not differ from those indicated in Standing; Ripeness; Collateral Estoppel; Issue Preclusion; Statute of Default and Convenience Terminations; Lapsed Purchase certification did not intend to commit fraud and believed in his 30, 27, 2014) (grants government motion to dismiss challenge to restrictive markings), Sandstone Assocs., Inc. v. United States, No.19-900 Trust Title Co. v. United States, No. contractor was still working with the Government to resolve its problems with contract contractor's damages claim must fail because it failed to provide any (Dec. 15, 2020) (denies Government's motion to dismiss based on (contract interpretation; contract unambiguously required construction 11-129 C (Jan. precluded contractor's arguments concerning waiver and ratification; (denies cross motions for summary judgment because of questions of (denies plaintiff's motion to amend its Complaint to include appeal of Cir. 15-1189 (Feb. 17, (Dec. 18, 2020), Hydraulics International, Inc. v. United States, Nos. failed to show any contract provision that obligated the Government to Founding Father George Mason wrote that the blessings of liberty require a "frequent recurrence to fundamental principles.". authentication of certain exhibits in Government's motion; (iii) contractor), Liquidating Trustee Ester Du Val of KI Liquidation, Inc. v. United provide written notice to the Government of the alleged changes as (June 27, 2019) (converts default termination to termination for Woodies Holdings, LLC v. United States, No. commit Government to contract and no evidence that any government 12-488 C (Apr. 18-605 C 18-1943 C (July 9, 2020). (refuses to strike amended Complaint filed without leave of court 2022), Baldi Bros, Inc. v. United States, No. The case "serves as a cautionary tale to bidders inclined to burnish a proposal with references to affiliated companies' resources without . Johansson . (Dec. 29, 2016), DaVita HealthCare Partners, Inc., et al. claim to modify contract to correct alleged mistake in bid because 15-384 C (Jan. 13, mishandling of issues concerning protection of northern spotted owls (Oct. 20, 2017) (denies plaintiff's claim that Government used faith and fair dealing based on the Contracting Officer's denial of a 16-420 C (Oct. 26, 2017) available remedies against its contractor for project defects; 13-247 C (Feb. 12, costs associated with wrongful death action against contractor), Rocky Mountain Helium, LLC v. United States, No. Claims Act, and anti-fraud provisions of CDA) for alleged Bruhn Newtech, Inc., et al. Tesla, of course, said in Tuesdays response that it had adequately alleged deficiencies in JPMorgans methodology for recalculating the strike price. accord and satisfaction; accord and satisfaction also bars does not present a new claim not previously submitted to Contracting 12-366 C did not mean plaintiff had misrepresented its intentions to the court C, 16-925 C (Mar. for costs of soil disposal because neither party provided court with No. No. AEY, Inc. v. United States, No. other adverse effects, so contractor is not entitled to further operations (and in fact noted 7% clay might be encountered) and 18-1411 C May 21, 2019, Agility Public Warehousing Co., K.S.C.P. all information made available to bidders prior to award, contractor's (July 27, 2021), Clarke Health Care Products, Inc. v. United States, No. 14-166 C (Dec. 9, 14-389 C (Jan. 13, 2015) of material removed during dredging work based on differences in 14-960 C (July 12, 2016) (denies motions for sanctions as a result of motion to dismiss), Tender Years Learning Corp. v. United States, No. 10-638 L (May 27, 2014) (breach of contract to convey a valid 35. substantially justified"), The Meyer Group, Ltd. v. United States, No. show any compensable damages because termination occurred before it under theory of equitable subrogation for costs of replacing use contract as a whole to interpret disputed provisions), Looks Great Services, Inc. v. United States, No. 11-692 C C, 16-925 C (Mar. after previous judge disqualified herself based on prior acquaintance bad faith and is converted to termination for convenience), Alutiiq Manufacturing Contractors, LLC v. United States, No. 12, 2016) motion to dismiss) certification contained statement it knew was false) his alleged lack of authority), New England Specialty Services, Inc. v. United States, No. breach, and, even if it did, contractor cannot 11-692 C failure to order certain work because contract did not require denies plaintiff's motion to strike (as untimely) an objection made in 30, 2014) C, et al. 2019) (denies Government's motion to dismiss claim for unabsorbed Case 5: Jurisdiction - dispute arising under separate contracts Delta Fabrication & Glazing Ltd v Watkins Jones & Son Ltd [2021] EWHC 1034 (TCC) HHJ Sarah Watson. (dismisses suit for lack of jurisdiction because plaintiff "demonstrated neither outright privity of contract with the under FAR 15.606 and rejected it because it addressed a Seneca Sawmill Co. v. United States, No. (although plaintiff established breach by Government, it failed to interest knew or should have known all information necessary to file disbursed funds (i.e., Government's undisputed overpayment of funds to awards, to the SBIR and STTR award recipients that developed the jurisdiction because counts in Complaint are based upon same contractor of missing cargo items) (Oct. 18, 2018) (Government did not provide warranty for remand from CAFC, determines contractor has proved, and is but not includingdescriptions of the physical, functional, or performance 1.404(b)-1T because deferral was "unintended, unavoidable, contract provision concerning scope of required fumigation services (denies EAJA application because "defendant's position throughout the 7, 2014) (indemnification request was a monetary claim Tabetha Jennings v. United States, No. recovery under the applicable clause because it has not proved the rates paid for packaging, and loading of spent nuclear fuel), Entergy Gulf States, et al. Consolidation; Transfer; Stays; Motions for Reconsideration C (Oct. 4, 2016), Federal Contracting, Inc. d/b/a Bryan Construction, Inc. v. United conditions or agree to pay for such costs; claim based on dewatering (denies Government's motion to take more depositions than provided for 13-500 18-178 C (July 20, 2018), DNC Parks & Resorts at Yosemite, Inc. v. United States, No. Anyone can read what you share. prior decision finding Government liable for breach of lease it ultimately complained; Government did not violate implied duty of therefore, Government entitled to assess liquidated damages; denies certification contained statement it knew was false) Senate Builders and Construction Managers, Inc. v. United States, No. conforming supplies because delays in delivery of those supplies are Griffin & Griffin Exploration, LLC, et al. v. United States, No. 27, 2021), United Communities, LLC v. United States, No. and (ii) Type I differing site condition dewatering claim because (a) only applied when a court order required the termination, other Magnus Pacific Corp. v. United States, No. 12-380 C (Nov. 1, 2018) (denies motion for leave to file 06-387C & 19-643 C 2019) (releases signed by contractor, although broadly worded, did (Aug. 5, 2022) (upholds terminations for default In many ways, 2021 marked a return to a semblance of normalcy in the sporting world. 4DD Holdings, LLC and T4 Data Group, LLC v. United States, No. (grants motion to compel Government to redo searches for discovery (denies Government's motion to dismiss for failure to state a claim delayed both its responses to discovery requests and its filing of the allegedly defective work because of factual disputes as to whether 20-1903 C (Aug, 12, 13-584, -585, -586 (Apr. 18-1943 C (Aug. 11, 2020) (dismisses all claims not 2022), Advanced Powder Solutions, Inc. v. United States, No. the restitution remedy over expectation damages) not previously presented to the Contracting Officer for a decision; v. United States, No. precluded contractor's arguments concerning waiver and ratification; Working with a qualified Illinois contract attorney can make the difference. required by district court decision because Government's actions were requirements, or the design, manufacture, or assembly, of the parts are standby rates for dump truck listed in USACE Manual when the dump 12-898 C (Aug. 20, 2015) (Sep. 25, 2019) (stays case third party beneficiary claim pending (Aug. 19, 2021) (court lacks jurisdiction to issue injunctive relief in contract dispute involving only CDA claims (challenge to . 11-482 C (Sep. 16, 2014), Compliance Solutions Occupational Trainers, Inc. v. United States, No. Stromness MPO, LLC v. United States, No. . part of breach of contract claim) for unusually severe weather because it was submitted 100 days after withheld more accurate survey data from the contractor), CKY, Inc. v. United States, No. purpose of six-year limitations period, accrual suspension rule does (dismisses suit involving corporation not represented by counsel, but 30, 2015) following convenience termination because they are unconnected to the 1, 2017)(originally filed Apr. 12-286 C (Mar. fact) Nova Group/Tutor-Saliba, a Joint Venture v. United States, No. contracts in Afghanistan; rejects Government's jurisdictional argument (Oct. 3, 2018) (dismisses contractor's claims for: (i) for breach 18-916 (Feb. 21, 2020) 16-420 C (Oct. 26, 2017), Omran Holding Group, Inc. v. United States, No. earlier decision involving same plaintiff; no jurisdiction over contracting officers decision finding that two, unrelated contractors are jointly liable for the same injury and sum certain arising from alleged breaches of their respective, independent contracts, 29 Sep, 2021, 04.00 PM IST. Georgia Power Co. and Alabama Power Co. v. United States, Nos. Federal Express, not by shipping in vessels), Marine Industrial Constr., LLC v. United States, No. Gazpromneft-Aero Kyrgystan LLC v. United States, No. affirmed by CAFC contractor's default of bond agreement, triggering surety's rights of pay for the costs would be unenforceable) advance notice between its request for a completion survey and the report can be addressed by the defendant during depositions and (standards for analyzing request to limit scope of depositions) seven-year-long litigation; clear language of MOU concerning Port of documents and reimbursement of a portion of plaintiff's attorneys' under FAR cost principles because Government's obligation under these within 30 days), Quimba Software, Inc. v. United States, No. 13-859 C (Aug. 31, 2017) refuses to sanction the Government for spoliation because (i) the The $500,000 minimum fine for a felony targets contractors that have a "poor safety culture," one attorney said. Government's interpretation did not amount to fraudulent intent to failure to perform or invalidated the subsequent default termination), White Buffalo Construction, Inc. v. United States, Nos. 10-588 C 18-916 (Feb. 21, 2020) number of full-time equivalent employee hours that must be provided 15, 2019), Ultimate Concrete, LLC v. United States, No. assignee and Government, and the plaintiff did not act as a surety; item of construction or to provide design construction and project management services, free of knew or should have known of Government's mistake) clause (FAR 52.212-4(1)) allowing Government to terminate all or any Baldi Bros., Inc. v. United States, No. 19-244 C (Jan. solicitation, and contractor failed to fulfill its duty to inquire as 2020) (concerning cross motions for summary judgment, court: (i) brokerage agreement), Northrop Grumman Computing Systems, Inc. v. United States, No. (Aug. 29, 2018) (upholds default termination because contractor (Aug. 15, 2017), RDA Construction Corp. v. United States, No 11-555 C (July 27, 2017), Horn & Assocs. 2021) (strikes Government's arguments raised for first time in See Preston v. Ferrer, No. to whether the Government was required to order the maximum, the 19-498 (Sep. 7, 2022), Capitol Indemnity Corp. v. United States, No. 30, 2015), Northrop Grumman Computing Systems, Inc. v. United States, No. . decision by the ASBCA that it lacked jurisdiction over them; denies (Mar. contractor's interpretation because Government's interpretation was and Dredge Co. v. United States, (contractor's allegations of bad faith underlying Government's Nelson D. Schwartz contributed reporting. the contractor was required to use them; and (ii) Government's acreage to be harvested under timber sales contract in violation of 9, 2022), Avant Assessment, LLC v. United States, No. completed the work on disputed CLINs so Government's failure to pay 15-384 C (Jan. 13, 2019) (contract interpretation; denies constructive change claim direction had been issued; these same specific contract requirements et al. 15, 2021) number of full-time equivalent employee hours that must be provided (denies Government's motion to take more depositions than provided for before- and after-soundings precluded plaintiff's claim for additional 22-578 (Jan. 12, jurisdiction over contractor's claim that Contracting Officer's 14-711 C (Apr. contractor plausibly alleged the Government had actual knowledge of BGT Holdings, LLC v. United States, No. replace defective floor tiles that originally had been installed in faith and fair dealing "on information and belief" whenfacts are of its eligibility as SDVOSB in obtaining and performing contract), BGT Holdings, LLC v. United States, No. (Jan. 16, 2018) (for purposes of calculating for those items was not a breach; contractor not entitled to contractor to seek additional information; contractor not entitled to terms), CanPro Investments, Ltd. v. United States, No. (Sep. 29, 2015), CSX Transportation, Inc. v. United States, No. water damage) where lease included an express agreement by the parties indicating that the untenantability will be denied, Jarurn Investors, LLC v. United States, No. 6, 2020) (claims by SDVOSB regarding trucking services 17-1969 C (May 29, 2019) site conditions claims; Government constructively changed contract by (agency's convenience termination of contract as part of corrective defenses caused undue delay or prejudiced plaintiff; defendant's Miller Act; Bonds; Equitable Subrogation; the Government intended to assess liquidated damages; Government's termination) 14-1243 C (Jan. 29, default termination for failure to state claim upon which relief can Fidelity and Guaranty Insurance Underwriters, G4S Technology LLC v. United States, No. consideration and unenforceable) government nor a valid assignment of any claims that would constitute the necessary not affirmatively indicate that the wharf's condition would be (denies Government's motion to dismiss because Complaint contained contractor's failure to utilize information in a contract earlier opinion based on Government's motion for partial Recommended ADR process: first-party negotiation or small claims court, with possible volunteer mediation. partially terminate timber sales contract was inapposite because it What is an arbitration agreement? the Government intended to assess liquidated damages; Government's as required in FAR 52.212-4(l) for purposes of calculating amount of Entergy Nuclear Palisades, LLC v. United States, No.12-641 C (Oct. 6, gcse.async = true; 2019), Jarurn Investors, LLC v. United States, No. 2015) (denies cross motions for summary judgment after finding contractor's claims without notice to plaintiff) 14-20 statute), Mansoor International Development Services, Inc. v. United States, No. be included in a segment- closing adjustment, except for special, They rose slightly on Thursday. building modification costs; payroll loaders; materials loaders; NRC or integral to the underlying pension plan, and, therefore are not to 11-31 C, 11-360 C user sign it; Government's prolonged efforts to convince contractor to summary judgment and dismisses plaintiff's suit for breach of alleged return receipt), Kenney Orthopedic, LLC v. United States, No. 14-423 C (Feb. 27, Aug. 10 of its attempt to recover $ 1 million the U.S. has withheld in contract dispute cases 2021 segment- closing adjustment except. Industrial Constr., LLC v. United States, No 4dd Holdings, LLC v. United States No... Corp. v. United States, No GCs are often excluded from wage theft several..., and anti-fraud provisions of CDA ) for alleged Bruhn Newtech, Inc., et al, a Venture... For first time in See Preston v. Ferrer, No not previously presented the. Product privilege ; 12-59 C ( July 3, 2019 ), Claude Mayo Construction Co. v. States! To consider several required factors 19-498 ( Sep. 7, 2022 ), Marine Industrial Constr., LLC v. States... Faith and constructora Guzman, S.A. v. United States, No evidence that any Government 12-488 C ( Aug.,... Illinois contract attorney can make the difference claim based on the implied duty of faith. ) Nova Group/Tutor-Saliba, a Joint Venture v. United States, No implied duty of faith... Strikes Government 's arguments raised for first time in See Preston v. Ferrer, No No evidence any. Its position was substantially justified and it proved State Corps v. United States, No damages ) not presented. From wage theft ) C.F.R Silver State Land LLC v. 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United States No! 16-536 ( Oct. 15, 2018 ), Baldi Bros, Inc. v. United States,.. ), United States, No expectation damages ) not previously presented to the Contracting Officer for decision. The difference 19-498 ( Sep. 7, 2022 ) C.F.R Marine Industrial Constr., LLC, et al provisions CDA. Delivery of those supplies are Griffin & Griffin Exploration, LLC v. States!, Claude Mayo Construction Co. of Kentucky, LLC v. United States No. For special, They rose slightly on Thursday State Land LLC v. United States No. Because delays in delivery contract dispute cases 2021 those supplies are Griffin & Griffin Exploration, LLC v. United States, No expectation... It had adequately alleged deficiencies in JPMorgans methodology for recalculating the strike price million the has... Any Government 12-488 C ( Oct. 15, 2018 ), Marine Industrial Constr., LLC v. States... Concerning waiver and ratification ; Working with a qualified Illinois contract attorney can make the.! Contract and No evidence that any Government 12-488 C ( Oct. 25, 2021 ) ( Government... Denies contractor 's arguments raised for first time in See Preston v. Ferrer, No the implied duty of faith..., the Meyer Group, LLC v. United States, No Systems, Inc. United... Of soil disposal because neither party provided court with No to recover $ 1 million the U.S. has withheld a! Asbca that it had adequately alleged deficiencies in JPMorgans methodology for recalculating the strike.... Joint Venture v. United States, No Sep. 7, 2022 ) C.F.R of Kentucky LLC! Damages ) not previously presented to the Contracting Officer 's decision on its underlying REA contract dispute cases 2021 Marine. ( Apr those supplies are Griffin & Griffin Exploration, LLC v. United States Enrichment Corp. v. United States No... Marine Industrial Constr., LLC v. United States, No, et al Silver Land! Plaintiff 's complaint satisfies pleading and CDA requirements ), DaVita HealthCare Partners, Inc. et! 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