Fed. Circ. Says Claims Court Can Hear Implied Breach Claims

Law360 (March 5, 2021, 9:00 PM EST) -- The Federal Circuit has ruled that the Court of Federal Claims can consider claims alleging implied breaches of procurement contracts, while affirming a ruling for the U.S. Department of Homeland Security in a dispute over a dormitory management deal.

The claims court had the authority to hear Safeguard Base Operations LLC's allegation that DHS breached an implied-in-fact contract to fairly and honestly consider its proposal to manage dormitories at the Federal Law Enforcement Training Center, U.S. Circuit Judge Kathleen M. O'Malley wrote for the majority in a 2-1 precedential opinion Thursday.

The legislative history of the Administrative Dispute Resolution Act passed...

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