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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.