United States Federal Circuit

A decision of the Armed Services Board of Contract Appeals affirming the termination of a government contract for default is affirmed where: 1) an "excusable delays" provision did not excuse the contract from performance due to an unexcused delay by a subcontractor; and 2) the court will not infer subcontractor nonperformance among the causes of excusable delay under FAR 52.212-4(f).

Appellate Information

• Decided 06/03/2008
• Published 06/03/2008

Judges

• Before MAYER and BRYSON, Circuit Judges, and FOGEL, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Bruce E. Fader, Proskauer Rose LLP, of New York, NY, filed a combined petition for panel rehearing and rehearing en banc for appellant.   With him on the petition was James F. Segroves, of Washington, DC.