Becho, Inc. v. United States

OPINION

ALLEGRA, Judge.

In this contract case, the Army Corps of Engineers (the Corps) terminated, for default, its contract with plaintiff, Becho, Inc. (Becho), based on Becho’s failure to perform a modification ordered by the Corps’ contracting officer. Becho claims that the modification constituted a cardinal change, excusing it from further performance, and requiring that the default termination be set aside. Defendant has filed a motion for partial summary judgment, seeking a ruling that, as a matter of law, sustains the termination for default. Because the court finds that material…