National Leased Housing Association, and 189 Named v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the inevitable result of finding privity of contract is to “trigger a waiver of sovereign immunity”
• noting “rare circumstances under which a subcontractor can sue the Government directly”
• Privity of contract is “an undisputed prerequisite for standing to sue in the Court of Federal Claims under the Tucker Act.”
• “[Liability, if any, within an agency’s discretion] is not the type of direct, unavoidable contractual liability necessary to trigger a waiver of sovereign immunity, the inevitable result of finding privity of contract.”
• plaintiffs arguing that the United States was in privity of contract because “the PHAs acted as ‘agents’ for the United States,” and this court finding the United States was not in privity of contract
• both cases listing the prerequisites to a finding of “deemed privity,” namely: (1) the prime contractor acted as a purchasing agent for the Government; (2) the agency relationship between the Government and the prime contractor was established by clear contractual consent; and (3

Source: CourtListener parenthetical corpus (CC0).