United States Federal Circuit

In a breach of contract action in which plaintiff alleges that the United States Bureau of Reclamation failed to meet the water quantity commitments in its contracts, the U.S. Court of Federal Claims erred in its damages award, where: 1) the trial court erred by not properly considering the effect of Reclamation's announced breaches on the amount of water that plaintiff may have expected to need to meet demand; 2) this caused the trial court to discount plaintiff's arguments regarding what would have happened in the non-breach world; and thus, 3) the trial court properly granted cost of cover damages by erred in denying expectancy damages.

Appellate Information

• Decided 08/01/2014
• Published 08/01/2014

Judges

• PLAGER

Court

• United States Federal Circuit

Counsel