· 9/26/1988
Emily Malone D/B/A Precision Cabinet Company v. The United States
Citations
- 849 F.2d 1441
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the government breached its implied duty by evading questions regarding adequacy of work, misleading the contractor, and refusing to answer certain questions
- holding that where a contracting officer’s “evasive conduct misled [plaintiff] to perform roughly 70% of its contractual obligation,” the issue of a breach of good faith and fair dealing was invoked
- noting that contractor default may in some cases be excused by government actions that materially breached the contract
- noting that “lack of diligence and interference with or failure to cooperate in the other party’s performance” breaches implied duty of good faith and fair dealing
- finding a breach due to the CO’s evasive and misleading conduct
- default termination claims are \money oriented” and \inextricably linked” to monetary claims of both the government and the contractor
Source: CourtListener parenthetical corpus (CC0).
Judges: Rich, Nies, Bissell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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