I Know You Are But What Am I? Factual Issues Prevent Board from Determining Whether Contractor’s Default Was Excused by Government’s Prior Breach; Appeals of Assist Consultants Inc., ASBCA Nos. 61525, 62090

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Cross-motions for summary judgment in appeal challenging a termination for default are denied. The board found that the government had met its burden in demonstrating a termination for default. The contractor had failed to provide bonds by Treasury-approved sureties as required by the contract. The board, however, found that there were disputed issues of fact […]
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