Government Cannot Prove Breach for a Missed Delivery Deadline When it Paid the Contractor An “Advance Payment” After the Alleged Deadline; Appeals of AXXON International, LLC, ASBCA Nos. 61224, 61268, 61625

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Government’s motion for summary on contractor’s appeal of termination for cause is denied. The government claimed it terminated for cause because the contractor missed the delivery deadline. ASBCA, however, found there was a genuine issue of material fact as to the deadline. Indeed, the government had made an accelerated payment to the contractor after the […]
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