Breach Contract Litigation With The Government
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FAQ
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
In an answer, you tell the court which parts of the plaintiff's claim are true and which are not. You can also bring up affirmative defenses. These are legal defenses which give you a good reason for not being held responsible for breaking the contract, either as a full defense or partial.
Hear this out loud PauseA few common defenses to breach of contract used are the impossibility of performance and fraud in the inducement. Impossibility of performance means that one party could not complete their task or end of the deal due to an unforeseen circumstance. This could be an act of God, property destruction, or incapacity.
In order to sue successfully for damages arising out of a breach of contract, you must demonstrate that there was a contract in existence, that the other side failed to perform their part of the bargain satisfactorily and that you suffered a loss as a result.
Contract claims against the federal government are governed by the Contract Disputes Act (CDA). An administrative claim under the CDA must be filed within six years of the breach of contract, and there is no specific form.
