Energy Department’s Substation Contract Termination Upheld Again

E&I Global Energy Services Inc. again failed to show that the US Department of Energy improperly terminated its contract to build a high-voltage electricity substation in South Dakota for default.

The failure to timely perform wasn’t excusable, Judge David A. Tapp of the US Court of Federal Claims said in a Thursday order.

This decision follows an April 2021 ruling that the May 2018 termination by the department’s Western Area Power Administration was justified. The US Court of Appeals for the Federal Circuit in December 2022 revived the suit, saying further fact development was needed on the excusable delay issue. ...