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If the government is in breach of contract, are they obligated to pay in full?

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I had been awarded a contract where the POP was one year.  It was a simple project.  However, the installation at which the work was to be performed seemed to have huge issues with communication between departments.  We were instructed to arrive on a certain date to begin work.  Things were immediately halted due to a base wide stop-work order due to another contractor on an unrelated project.  We were instructed to stick around until it was lifted, which took 4 days and then it was halted again because the government had to move equipment into our area of work for maintenance.  We were then instructed to pull out and to schedule a return.

After months of attempting to return, we were met with lengthy delays in communication, a host of alternate proposed scenarios and ultimately left without any direction on when to return.  The area of work is in a highly controlled access area.

The POP expired and the personnel in charge are no longer at the base or in the same departments they were previously.

We have submitted an REA and were offered substantially less than requested.  We did request more than the original contract amount due to the expenditures made and time on site, as well as the incredible amount of time spent communicating with regard to this project.

The amount offered from the government was substantially less than the contract amount and obviously less than the REA requested.

Should we expect a minimum offer of the contract value for breach?  It was a mid 30k dollar amount, if that matters.

27 minutes ago, PD216ohio said:

I had been awarded a contract where the POP was one year.  It was a simple project.  However, the installation at which the work was to be performed seemed to have huge issues with communication between departments.  We were instructed to arrive on a certain date to begin work.  Things were immediately halted due to a base wide stop-work order due to another contractor on an unrelated project.  We were instructed to stick around until it was lifted, which took 4 days and then it was halted again because the government had to move equipment into our area of work for maintenance.  We were then instructed to pull out and to schedule a return.

After months of attempting to return, we were met with lengthy delays in communication, a host of alternate proposed scenarios and ultimately left without any direction on when to return.  The area of work is in a highly controlled access area.

The POP expired and the personnel in charge are no longer at the base or in the same departments they were previously.

We have submitted an REA and were offered substantially less than requested.  We did request more than the original contract amount due to the expenditures made and time on site, as well as the incredible amount of time spent communicating with regard to this project.

The amount offered from the government was substantially less than the contract amount and obviously less than the REA requested.

Should we expect a minimum offer of the contract value for breach?  It was a mid 30k dollar amount, if that matters.

I would expect you to insist on recovering your full costs of performance. Nothing less.

  • Author
47 minutes ago, here_2_help said:

I would expect you to insist on recovering your full costs of performance. Nothing less.

So there is no disincentive for the government to just completely ignore a contract and let the POP expire?

1 hour ago, PD216ohio said:

Should we expect a minimum offer of the contract value for breach?  It was a mid 30k dollar amount, if that matters.

Who knows?

This is not the appropriate place for you to come for advice about such a problem. No one here can give you sound advice, except to say, Contact an attorney.

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