Summit Contractors v. United States

OPINION

FUTEY, Judge.

This government contract case is before the court on defendant’s motion for sum*770mary judgment and third party plaintiff’s cross-motion for summary judgment. Third party plaintiff, together with plaintiff, seek a determination from the court that plaintiff was not in default of its timber sale contract, and that defendant’s assessment of damages against plaintiff was, therefore, erroneous. Defendant seeks recovery from plaintiff and third party plaintiff for damages incurred due to plaintiff’s failure to complete the contract.

Factual Background

Plaintiff is a partnership…