United States Federal Circuit

In an action involving the government's default termination of a Navy contract to develop a carrier-based stealth aircraft, Court of Federal Claims judgment in favor of defendant is affirmed where: 1) the government satisfied its burden of proving that it was justified in terminating the contract for default as it was justifiably insecure about the contract's timely completion and plaintiff's do not argue that their failure to make progress could be excused; and 2) the default termination of the contract was justified despite the failure of the contracting officer to conduct a Lisbon analysis before the termination, as the government is not required to establish that a contracting officer conducted the analysis necessary to sustain a default under the alternative theory, and a Lisbon analysis cannot be strictly applied where contract did not have a fixed completion date.

Appellate Information

• Decided 06/02/2009
• Published 06/02/2009

Judges

Court

• United States Federal Circuit

Counsel