Patton Wrecking and Demolition Co., Inc., and Patton Bros., Inc., a Joint Venture v. Tennessee Valley Authority

INGRAHAM, Circuit Judge:

The issue on this interlocutory appeal is whether a government contractor’s suit for a declaratory judgment of the government’s asserted anticipatory breach of contract was barred by virtue of the contractor’s failure to exhaust the contractually established disputes procedure.

The contract, let after competitive bidding and inspection, was for the resurfacing of one of the Tennessee Valley Authority’s dams. The bid invitation was based upon 2700 square feet of chipping and cleaning eroded concrete surfaces and 2700 cubic feet of drilling and setting steel anchors and…