No. 97-460CProfessional Services Agreement • March 16th, 2000
Contract Type FiledMarch 16th, 2000This contract suit is before the court on cross-motions for partial summary judgment. Plaintiff argues that the government’s termination for default of the fixed price construction contract in question was improper because the contracting officer failed to provide a written cure notice to the plaintiff prior to the termination. Defendant counters that the Federal Acquisition Regulation (FAR) does not require a cure notice in the case of a fixed-price construction contract. Following consideration of the parties’ submissions and oral argument on this issue, this court concludes that a written cure notice was not required in the instant case and, therefore, DENIES plaintiff’s motion for partial summary judgment and GRANTS defendant’s cross- motion.