Portland Gen. Elec. Co. v. United States

1 Citing case

  1. Entergy Nuclear Fitzpatrick, LLC v. United States

    711 F.3d 1382 (Fed. Cir. 2013)   Cited 3 times

    In contrast, as the Court of Federal Claims has noted, if performance is excused under the unavoidable delays clause until a date after January 1998, then there is no basis for determining liability for partial breach beginning January 31, 1998. See Entergy FitzPatrick II, 101 Fed.Cl. at 471–472;see also Portland Gen. Elec. Co. v. United States, 100 Fed.Cl. 46, 51 (2011) (“The two concepts are mutually exclusive; if damages do not accrue, it is because performance is excused, i.e., there is no breach.”). III.