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Government Contracts: Law, Administration and Procedure
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

5-35A Government Contracts: Law, Admin & Proc 35A.syn


Termination for Default


Walter A.I. Wilson;John Cosgrove McBride;Thomas J. Touhey

Chapter Summary


This chapter, Termination for Default, addresses the role and practicalities of government contract clauses which contain a clause which permits the government to terminate a contractor for default for failure to perform in accordance with the terms of its contract with the United States. An inexcusable failure on the part of a contractor to carry out the terms of its contract is a default that may permit the government to terminate the contract. Any right that the government may have to terminate a contract for default must be based on some breach of its obligations by the contractor. This delinquency may be either actual or anticipatory. While the government, like any aggrieved contractor, has the common law right to terminate for breach, it has seen fit to make mandatory the insertion of a default clause in its contracts.

The chapter covers the government's right to terminate, the discretionary nature of the decision to permit termination including the applicable standards, the failure to timely deliver or perform, and the failure to make progress. The chapter also addresses failure to perform other contract provisions, anticipatory breach or repudiation, and the problem of abandonment of performance. Then, the chapter covers termination procedures, the government's waiver of default, improper termination for default, premature default termination, and government claims. Further, the chapter addresses subcontractor default.

Government Contracts: Law, Administration, Procedure (Matthew Bender) features extensive coverage of the law and regulation of the business of government contracting or federal acquisition. Nearly every aspect of government contract law and practice is addressed, with references to the history and policies underlying current principles as well as current references to applicable statutes, regulations and case decisions. Along with certain standard forms published by the government, Government Contracts: Law, Administration and Procedure also contains typical practice forms, including sample filings for use in government contract adversary proceedings in the Federal Courts, the agency boards of contract appeals and the General Accounting Office. It also includes forms for non-adversary use, including those related to industrial security.


Government contracts,public contracts,termination for default,contractor termination,inexcusable failure,default clause,anticipatory breach,repudiation,premature default termination,subcontractor default


See Chapter 1 for an introduction to the general principles of government contracts. See Chapter 2 for discussion of the interpretation of government contracts. See Chapter 30 for discussion of termination for convenience of the government. See Chapter 31 for coverage of breach of contract issues. See Chapter 32 for discussion of damages. See Chapter 33 for consideration of reprocurement contracts.


For a complete discussion of all aspects of government contract accounting with particular emphasis on the Federal Acquisition Regulation see Accounting for Government Contracts: Federal Acquisition Regulation (Matthew Bender).

For additional coverage of contract law generally, and exhaustive analysis of all the rules of contract law see Corbin on Contracts (Matthew Bender).

For detailed coverage of all aspects of administrative law and the administrative process, with an emphasis on federal agencies see Administrative Law (Matthew Bender).

For practice oriented coverage of all major aspects of the federal government contracting (procurement) process, citations to key administrative and court decisions, statutes, and regulations, and various forms and exhibits, see Federal Contract Management--A Manual for the Contract Professional (Matthew Bender).

For comprehensive treatment of local government law with current and complete perspectives on municipal corporations, as well as independent local government entities and counties, see Antieau on Local Government Law (Matthew Bender).
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