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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.


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Client Alert | 2 min read | 12.29.25

FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company

GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors.  Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements.  But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule. ...