United States Federal Circuit

In a suit against the government for breach of timber-harvesting contracts, the judgment of the Court of Federal Claims in favor of the plaintiff is reversed where: 1) the Forest Service is not liable for breaching the implied duty of good faith and fair dealing as it satisfied any duty it had to disclose a pending litigation; 2) the Forest Service had the authority to continue the suspension of the contracts while it was completing the surveys required by a settlement agreement; 3) the government is not liable for the continued suspension of the contracts caused by delays in the completion of the required wildlife surveys; 4) plaintiff cannot assert a pass-through claim for its sister company's alleged damages because plaintiff has not established that it is liable to its sister company; and 5) plaintiff has not established that delays in performance of the contracts resulted in lost profits, and is precluded from recovering damages on a theory of material breach, including the claimed replacement costs.

Appellate Information

• Decided 09/05/2012
• Published 09/05/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel