Tester Corp. v. United States

OPINION

LYDON, Judge:

This construction contract case is before the court on motions for partial summary judgment, and oppositions thereto, filed by the parties. In its motion, plaintiff contends that certain costs incurred by the government in contract reprocurement and completion brought on by a valid termination of plaintiff’s contract for default are, as a matter of law, not properly recoverable. Plaintiff maintains that the costs in issue are not recoverable under the terms of the contract, particularly the Termination For Default clause, and under established procurement principles and…