United States Federal Circuit

Judgment of the Civil Board of Contract Appeals' finding that the United States Forest Service properly terminated a timber sale contract with plaintiff EM Logging based on plaintiff's flagrant disregard of material contract provisions is reversed, where substantial evidence does not support the Board's conclusion that plaintiff flagrantly disregarded the terms of the contract, as plaintiff's one failure to comply with a Forest Service Order setting certain load limits is not a violation of a contract term, and plaintiff's deviations from the haul route and the notification requirement were necessitated by illness and were only minor, technical violations.

Appellate Information

• Decided 02/20/2015
• Published 02/20/2015

Judges

• Moore

Court

• United States Federal Circuit

Counsel