United States Federal Circuit

In plaintiff's breach of contract suit against the United States, involving the suspension of fourteen contracts with the U.S. Forest Service that provide for timber harvesting in a forest region of Arizona, judgment of the Court of Federal Claims in favor of the plaintiff is affirmed in part, reversed in part and remanded where: 1) trial court's judgment of liability is reversed and damages award vacated on all contracts except one as the trial court erred in construing a clause in question to create an express warranty and holding the Forest Service liable for misrepresentation, and the Forest Service did not breach its implied duty of good faith and fair dealing; and 2) trial court's liability finding on the Hay contract is affirmed as the Forest Service lacked authority to suspend it, and as such, plaintiff is entitled to damages on that contract from the date of the Forest Service's breach until the end of the suspension.

Appellate Information

• Decided 02/19/2010
• Published 02/19/2010

Judges

Court

• United States Federal Circuit

Counsel