March 29, 2004

DEFAULT TERMINATION UPHELD ON EPA DELAY

United States Court of Appeals for the Federal Circuit

An Air Force contractor believed that its work site was contaminated and refused to work without further investigation and EPA approval. After a series of delays, extensions, and communications between the Air Force, the contractor, and the EPA, the Air Force terminated the contract for default. The contractor’s appeal to the Armed Services Board of Contract Appeals was unsuccessful, as was this appeal to the Federal Circuit. Neither the Court nor the Board found the contractor's concerns reasonable and suggested that the claims of environmental concerns were merely excuses for the contractor's own delays.

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