Government Contracting Database
Breach of Contract
In order to recover for breach of contract, the contractor must show (1) a valid contract between the parties; (2) an obligation or duty; (3) a breach of that duty; and (4) damages caused by the breach. San Carlos Irrigation & Drainage Dist. V. United States, 23 Cl. Ct. 276, 283 (1991). In determining the materiality of a breach, “the extent to which the behavior of [a] party failing to perform… comports with standards of good faith and fair dealing is a significant factor in determining where that party’s breach is material”. Malone v. United States, 849 F .2d 1441, 1445 (Fed. Cir. 1988); see also Baistar Mech., Inc. v. United States, 128 Fed. Cl. 504, 525 (2016).
Updated: July 24, 2018
Looking for additional government contracting resources?
Search Our Database
Cherylyn Harley LeBon
Chair
Meet Our Team
Government Contracting Database
Related Capabilities
Government Contracting Compliance Contract Negotiation and Formation Dispute Resolution: REAs, Claims, and Terminations Dredging Federal Construction Contracting Federal Contract Administration Protests Small Business Procurement State and Local Government ContractingUpcoming Events
News and Publications
November 5, 2026
/
Construction Dive
Dotted Line: Faster Military Construction Creates Opportunities, Risks for Contractors
October 16, 2026
U.S. Army Pushes Autonomous Capabilities Initiative Forward
July 15, 2026
The Department of War Suspends CMMC Phase II
Capabilities
Business Transactions
Commercial Litigation
Construction
Construction Contracts & Risk Management
Creditors’ Rights & Bankruptcy
False Claims Act & Whistleblowers
Family Law
Financial Services
Government Contracting
Government Law & Regulatory Affairs
Green Building
Insurance Coverage & Risk Management
Labor & Employment
Municipal Law
Non-Profit
Rail & Transportation Law
Outside General Counsel
Real Estate
Research Misconduct
Safety Compliance & OSHA Defense
Student Defense
Title IX
Trademark & Copyright Law
Trusts & Estates
Unfair Trade Practices & Consumer Protection Defense
White Collar Defense & Internal Investigations
