Material Breach of Contract by Government in Construction Project

On December 9, 2014, the Civilian Board of Contract Appeals (“CBCA”) ruled in favor of contractor Kiewit-Turner, after a finding of material breach of contract on the part of the government, allowing Kiewit-Turner to stop work on a VA Hospital being constructed in Aurora, Colorado, which was supposed to be completed in May… Read more »

Breach of Contract Claims Against the Federal Government

As a contractor doing business with the federal government, there is often the question of whether there is breach of contract claims against the government. However, when and how you pursue the breach claim can be tricky and costly when the Contract Disputes Act process is not followed.   Avoiding costly mistakes… Read more »

Spent Nuclear Fuel: Government Partial Breach of Contract

Partial breach of contract occurs in many government contracts involving disposition of nuclear waste, particularly spent nuclear fuel.  Spent nuclear fuel (“SNF”) is “nuclear reactor fuel that has been used to the extent that it can no longer effectively sustain a chain reaction.”  These contracts involve the utility contractor purchasing… Read more »

Superior Knowledge Doctrine: Government Breach of Contract

Contractors often have questions on the types of claims available to them.  One claim contractors can assert when trying to recover government breach of contract damages is a superior knowledge claim.  The superior knowledge doctrine is based on the idea that where the government had knowledge of information that would affect… Read more »

Construction Contract Claims Against the Federal Government

When submitting construction contract claims against the Federal Government, or any service contract disputes, there are unique and dangerous rules and regulations that unaware companies. There is a common legal practice that many construction companies should be aware of.   It is called preserving your right for a potential appeal…. Read more »

OCSLA Understanding Potential Liabilities & Obligations

Are you considering a mineral rights or similar lease from the government on the Outer Continental Shelf  (OCSLA)? It is crucial to understand your potential liabilities and obligations that may arise from provisions not specifically stated in the contract and when you may have a breach of contract claim against… Read more »

Material Breach of Contract Definition

Meeting the Material Breach Definition is Essential to Winning Your Case The material breach of contract definition is one that goes directly to the crust of the agreement. When there is a dispute, then it not the time to claim that the alleged breach was material to the agreement. This… Read more »

Affirmative Defenses to Breach of Contract Claims

Pleading the proper affirmative breach of contract defenses are important when another party files a case but you actually have a legal reason for not completing the contract. In contract litigation, there are certain affirmative breach of contract remedies you can assert at trial.   By proving viable contract defenses to the required… Read more »