context: In Wickham Const. Co., the Federal Circuit made a distinction between the recovery of interest "on equity capital" and "interest actually paid on funds borrowed because of the government's delay in payments and used on the delayed contract."
citation_a.signal: see also
citation_a.identifier: 266 F.3d 1348, 1355
citation_a.parenthetical: allowing the recovery of the "increase of financing costs" caused by a breach of contract
citation_a.sentence: Wickham Const. Co. v. Fischer, 12 F.3d 1574, 1582-83 (Fed.Cir.1994) (citing Gevyn Constr. Corp. v. United States, 827 F.2d 752, 754 (Fed.Cir. 1987) (“[28 U.S.C. §] 2516(a) does not bar an interest award as part of an equitable adjustment under a fixed-price contract if the contractor has actually paid interest because of the government’s delay in payment”)); see also Bluebonnet Sav. Bank, FSB v. United States, 266 F.3d 1348, 1355 (Fed.Cir.2001) (allowing the recovery of the “increase of financing costs” caused by a breach of contract). In an attempt to recover time price differential dollars, Consumers Energy makes two arguments: that it seeks to recover interest on borrowing that it was forced to undertake as a result of DOE’s breach, and/or its request for time price differential dollars could also be characterized as a request to recover Allowance of Funds Used During Construction (“AFUDC”).
citation_b.signal: no signal
citation_b.identifier: 827 F.2d 752, 754
citation_b.parenthetical: "[28 U.S.C. SS] 2516(a) does not bar an interest award as part of an equitable adjustment under a fixed-price contract if the contractor has actually paid interest because of the government's delay in payment"
citation_b.sentence: Wickham Const. Co. v. Fischer, 12 F.3d 1574, 1582-83 (Fed.Cir.1994) (citing Gevyn Constr. Corp. v. United States, 827 F.2d 752, 754 (Fed.Cir. 1987) (“[28 U.S.C. §] 2516(a) does not bar an interest award as part of an equitable adjustment under a fixed-price contract if the contractor has actually paid interest because of the government’s delay in payment”)); see also Bluebonnet Sav. Bank, FSB v. United States, 266 F.3d 1348, 1355 (Fed.Cir.2001) (allowing the recovery of the “increase of financing costs” caused by a breach of contract). In an attempt to recover time price differential dollars, Consumers Energy makes two arguments: that it seeks to recover interest on borrowing that it was forced to undertake as a result of DOE’s breach, and/or its request for time price differential dollars could also be characterized as a request to recover Allowance of Funds Used During Construction (“AFUDC”).