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Government Contracts Legal Round-Up | 2022 Issue 14 | Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 14 | Jenner & Block
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Government Contracts Disputes In Focus: Claims Cases And Trends From The Second Half Of 2020 - Government, Public Sector


Inc.,
13 the ASBCA rejected the
contractor s attempt to escape default arising from the
contractor s admitted nonperformance after the government
exercised its offset right. No dispute existed that the government
had terminated the contract because the contractor failed to
deliver the specified equipment by the contractually required
delivery date. The contractor nevertheless argued unsuccessfully
that the government should have excused the nonperformance of its
subcontractor due to lack of payment because the government had
withheld payments to the prime contractor based on problems the
prime had experienced on a separate contract effectively
exercising its offset right. The board held that the default ....

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