Philadelphia Auth. for Indus. Dev. v. United States, 114 Fed. Cl. 519 (2014)
In this action, the United States Court of Federal Claims denied the Government’s motions to dismiss and for summary judgment, holding that plaintiff had sufficiently pled and supported claims against the Government based upon misrepresentations and omissions in data supplied by the Government in a negotiated procurement. The Court held that negligent estimate, superior knowledge, misrepresentation and mutual mistake were viable theories upon which to pursue such a claim. It rejected the Government’s position that a claim for negligent estimate could not be maintained in the context of a negotiated procurement, and also held that the plaintiff’s expectation of a limited loss did not negate the element of reliance with respect to much larger losses attributable to undisclosed or misrepresented information.
Continue Reading Court of Federal Claims Determines That Government Contractor May Recover for Losses Attributable to Omissions and Inaccuracies in Data Provided By Government in Negotiated Procurement