Legal Opinion

Abcon Associates, Inc. v. United States

United States Court of Federal Claims

Decided June 29, 2001No. 98-574CPublishedCited by 15 opinions

1Opinion of the Court

OPINION

MILLER, Judge.

This matter is before the court after trial that addressed two issues: 1) whether a termination for default is improper because the contractor’s delay is excusable, and 2) if the *679termination for default is proper, whether the default itself is excusable due to the owner’s actions and inaction during critical times of the contract performance.1

FACTS

On April 29,1996, the United States Postal Service (the “USPS”) awarded Abcon Associates, Inc. (“plaintiff”), Contract No. 415046-96-B-0050 for the extension of the loading dock and the installation of three freight elevators at…

2Cases cited21 opinions

  1. Kalvar Corp. v. United StatesUnited States Court of Claims · 1976
  2. Lisbon Contractors, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1987
  3. Emily Malone D/B/A Precision Cabinet Company v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  4. J. D. Hedin Construction Company, Inc., for Its Own Use and for the Use of Fischbach & Moore, Its Sub-Contractor v. The United StatesUnited States Court of Claims · 1965
  5. Guy Spezzaferro v. Federal Aviation AdministrationCourt of Appeals for the Federal Circuit · 1986

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3Cited by15 opinions

  1. Tecom, Inc. v. United StatesUnited States Court of Federal Claims · 2005
  2. McDonnell Douglas Corporation, and General Dynamics Corporation v. United States, Defendant-CrossCourt of Appeals for the Federal Circuit · 2003
  3. Keeter Trading Co. v. United StatesUnited States Court of Federal Claims · 2007
  4. Orlosky Inc. v. United StatesUnited States Court of Federal Claims · 2005
  5. Pinckney v. United StatesUnited States Court of Federal Claims · 2009

10 more not listed; retrieve them via the Exa API.

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