Tuesday, November 12, 2013, 5:10 PM

Judge Turk 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.

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