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Federal Circuit Mandates Full Lost Profits Award for Breach

Client Alert | less than 1 min read | 09.19.13

In Rockies Express Pipeline LLC v. Salazar (Sept. 13, 2013), the Federal Circuit confirmed that, by backing out of its agreement to take for ten years a certain percentage volume of a pipeline to be constructed in part on federal land, Interior materially breached. The CBCA had cut off the duration of the pipeline's lost profits remedy, but the circuit court reversed because Interior could not limit its damages by its actions after the pipeline had canceled for breach.


Insights

Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....