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