Government’s Misuse of Leased Premises Supports Breach of Contract Claim; COFC No. 16-268C, CanPro Investments LTD v. United States

Government’s motion to dismiss appeal of the contracting officer’s final decision for lack of subject matter jurisdiction is granted in part, where some of the plaintiff’s claims for damages in relation to a lease agreement with the government were not previously submitted to the contractor officer, and denied in part, where the court concluded other bases for the claim were properly submitted to the agency before the plaintiff filed in court; and government’s motion to dismiss for failure to state a claim upon which relief could be granted is granted in part, where the plaintiff failed to demonstrate the government provided misleading information about the number of daily visitors to the leased facility, and where some of the plaintiff’s theories were intended to defend nonperformance of a contract, not to compel a contract termination, and denied in part, where the government’s misuse of the leased premises supported the plaintiff’s claim of breach of contract.