Sec. 1075. Material breaches of contract
166 words·~1 min read·
/bill/116/s/3591/rs/section-1075·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In a case in which the Armed Services Board of Contract Appeals or other court of competent jurisdiction has rendered a decision during the period beginning on December 1, 2017, and ending on December 31, 2022, awarding damages to a contractor relating to the adjudication of claims arising from the construction of general navigation features of an authorized project, notwithstanding the terms of the Project Partnership Agreement, the Secretary shall waive payment of the share of the non-Federal interest of those damages, including attorney's fees, if— the contracting officer was instructed by the Corps of Engineers to modify the terms of the contract or terminate the contract; and the Armed Services Board of Contract Appeals or a court of competent jurisdiction determined that the failure of the contracting officer to timely take the action described in paragraph
(1)was a material breach of the contract that resulted in damages to the contractor awarded by the Armed Services Board of Contract Appeals or the court, as applicable.