context: A contractor's claim where a termination for convenience has occurred may be further reduced by "[a]ny claim which the [government has against the [contractor under this contract." However, the government may not prevail on a claim against a contractor where the government wrongfully prevented performance by the contractor.
citation_a.signal: see also
citation_a.identifier: 402 F.Supp.2d 198, 202
citation_a.parenthetical: hindrance or prevention of performance is a breach of contract
citation_a.sentence: See Short Bros., PLC v. United States, 65 Fed.Cl. 695, 799 (2005) (the “implied duty not to hinder performance prohibits the [government, as with any other party to a contract, from do[ing] anything to prevent performance thereof by the [contractor] or that will hinder or delay him in its performance”) (quoting Lewis-Nicholson, Inc. v. United States, 213 Ct.Cl. 192, 550 F.2d 26, 32 (1977)) (internal quotation marks omitted); Tennessee Valley Auth. v. United States, 60 Fed.Cl. 665, 672 (2004) (“occurrence of a necessary condition [in a contract] ‘may be excused by prevention or hindrance of its occurrence through a breach of the duty of good faith and fair dealing’ ”) (quoting Restatement (Second) of Contracts § 225 cmt. b (1981)); see also Petrofsky v. United States, 616 F.2d 494, 497 (Ct.Cl.1980); Washington Metro. Area Transit Auth. v. Quik Serve Foods, Inc., 402 F.Supp.2d 198, 202 (D.D.C.2005) (hindrance or prevention of performance is a breach of contract); A.I.C.
citation_b.signal: see
citation_b.identifier: 65 Fed.Cl. 695, 799
citation_b.parenthetical: the "implied duty not to hinder performance prohibits the [government, as with any other party to a contract, from do[ing] anything to prevent performance thereof by the [contractor] or that will hinder or delay him in its performance"
citation_b.sentence: See Short Bros., PLC v. United States, 65 Fed.Cl. 695, 799 (2005) (the “implied duty not to hinder performance prohibits the [government, as with any other party to a contract, from do[ing] anything to prevent performance thereof by the [contractor] or that will hinder or delay him in its performance”) (quoting Lewis-Nicholson, Inc. v. United States, 213 Ct.Cl. 192, 550 F.2d 26, 32 (1977)) (internal quotation marks omitted); Tennessee Valley Auth. v. United States, 60 Fed.Cl. 665, 672 (2004) (“occurrence of a necessary condition [in a contract] ‘may be excused by prevention or hindrance of its occurrence through a breach of the duty of good faith and fair dealing’ ”) (quoting Restatement (Second) of Contracts § 225 cmt. b (1981)); see also Petrofsky v. United States, 616 F.2d 494, 497 (Ct.Cl.1980); Washington Metro. Area Transit Auth. v. Quik Serve Foods, Inc., 402 F.Supp.2d 198, 202 (D.D.C.2005) (hindrance or prevention of performance is a breach of contract); A.I.C.