E&I Again Wins Bid to Challenge Terminated Substation Contract

E&I Global Energy Solutions again can argue that the US Department of Energy improperly terminated its contract to build a high-voltage electricity substation in South Dakota for default, the Federal Circuit said Friday.

The US Court of Federal Claims erred in concluding that E&I Global could foresee that dissatisfied subcontractors would delay the project, Judge Timothy B. Dyk of the US Court of Appeals for the Federal Circuit said in a nonprecedential opinion.

The Federal Acquisition Regulation provides that when an agency terminates a contract for default, that termination will turn into one for the convenience of the government if ...