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Judge Turk of the Western District of Virginia United States District Court Dismisses Government Contract Dispute

Judge Turk issued recently issued a ruling dismissing the sole remaining claim in a government contract dispute brought by an individual who was allegedly doing business as a subcontractor for a government contract.  Discovery, however, uncovered that the party to the contract at issue was a limited liability company under the laws of Afghanistan -- not a sole proprietorship.  Therefore, Judge Turk ruled that the breach of contract claim should have been brought on behalf of the company itself and not the individual in a d/b/a capacity. 

A parallel lawsuit brought by the company itself, however, is currently pending and presumably will be allowed to proceed.  Judge Turk declined to consolidate that action with the present action, given that the Court lacked standing.

Judge Turk had previously dismissed claims under the doctrine of quantum meruit and violation of a Federal Acquisition Regulation ("FAR") through non-payments of amounts due.  Judge Turk ruled that the quantum meruit claim was inconsistent with the alleged contract which defendants admitted existed.  Therefore, the parties liabilities should be governed by the contract and not under a theory of implied contract.  Judge Turk also held that there was no private right of action for violation of a FAR.

Copyright © 2023 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume III, Number 319
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About this Author

Jason Hicks, Antitrust Attorney, Womble Carlyle, Government Contracting Lawyer
Partner

Jason Hicks is a member of the Firm's Antitrust, Distribution and Franchise Law Practice Group. Jason has experience litigating cases and counseling clients in a wide variety of matters involving federal and state antitrust laws, franchise and dealer protection statutes, unfair and deceptive trade practices, advertising laws and regulations, industry-specific trade regulations, contract disputes, business torts, and constitutional law. Jason's practice focuses on helping clients efficiently and effectively move their products through various levels of distribution by developing strategies...

202-857-4536
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