Tyvak Nano-Satellite Systems, Inc. v. Astra Space Operations, Inc.

Tyvak seeks damages for fraudulent inducement of contract, fraud in the purported

performance of the contract, and, in the alternative, breach of contract, or, alternatively, the return

of monies had and received, among other causes of action, seeking the refund or restitution of at

least $7,500,000 in overpayments, or the cover costs for a replacement contractor, for the

manufacture and delivery of satellite propulsion systems under a subcontract (the “Subcontract”),

which consists of multiple documents attached to this complaint.

Tyvak seeks a refund from Astra of at least $7,536,200, plus pre- and post-judgment

interest, attorneys’ fees, costs, disbursements, plus such additional amounts as Tyvak incurs in

sourcing replacement propulsion systems, arising from the Defendant’s fraudulent and reckless

representations of fact and intent, and its concealment, regarding its financial wherewithal and

technological capabilities to timely deliver satellite propulsion systems that satisfy or exceed the

Causes of Action

1. Fraudulent Inducement and Fraud in Performance (Against Astra)

2. In the Alternative (Breach of Contract Against Astra – Refund as Restitution)

3. In the Alternative (Breach of Contract Against Astra – Cost of Replacement)

4. In the Alternative: Breach of Good Faith and Fair Dealing

5. Astra’s Repudiation – Restitution for Total Breach

6. Reimbursement for Overpayment – Monies Had and Received

7. Quantum Meruit – Against Astra

8. Unjust Enrichment – Against Astra