Silence Is Not So Golden When Gov't Has Breached Contract

Law360, New York (February 10, 2014, 7:46 PM EST) -- As illustrated by the recent decision issued by the Federal Circuit Court of Appeals in Bell/Heery v. United States, No. 2013-5002 (Fed. Cir. Jan. 7, 2014), a contractor must carefully articulate how the government has breached a contract and be persistent in imploring the government to cure its breach or otherwise formally respond. Otherwise, a contractor’s silence may result in it assuming a financial risk it did not anticipate.

Background of Bell/Heery

The facts of Bell/Heery concerned the Federal Bureau of Prisons (“FBOP”) award of a...
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