Legal Opinion

The United States v. Dekonty Corporation

Court of Appeals for the Federal Circuit

Decided February 22, 1991No. 90-1356PublishedCited by 26 opinions

1Opinion of the Court

RADER, Circuit Judge.

The United States (Government) appeals from the judgment of the Armed Services Board of Contract Appeals (Board). De-Konty Corp., 90-2 BCA (CCH) ¶ 22,645, at 113,584 (ASBCA 1990). The Board found that the Government breached its contract with the DeKonty Corporation (DeKonty) by expressing an intent to withhold a scheduled progress payment. The Government appeals. This court reverses.

BACKGROUND

The United States Navy (Navy) contracted with DeKonty for the construction of a child care facility at the Los Angeles Air Force Station. On several occasions during DeKonty’s…

2Cases cited3 opinions

  1. Dingley v. OlerSupreme Court of the United States · 1886
  2. Smoot's CaseSupreme Court of the United States · 1873
  3. Cascade Pacific International v. The United StatesCourt of Appeals for the Federal Circuit · 1985

3Cited by26 opinions

  1. Andersen Consulting v. The United States, and Computer Sciences Corporation, IntervenorCourt of Appeals for the Federal Circuit · 1992
  2. Dow Chemical Company, Plaintiff/cross-Appellant v. United StatesCourt of Appeals for the Federal Circuit · 2000
  3. West Coast General Corporation v. John H. Dalton, Secretary of the NavyCourt of Appeals for the Federal Circuit · 1994
  4. Newport News Shipbuilding and Dry Dock Company v. Lawrence H. Garrett, Iii, Secretary of the NavyCourt of Appeals for the Federal Circuit · 1994
  5. Amber Resources Co. v. United StatesCourt of Appeals for the Federal Circuit · 2008

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