Agency’s Period of Forbearance Did Not Waive Its Right to Terminate for Default; COFC No. 14-1121C, State Corps. V. United States

Challenge to the agency’s termination for default of a construction contract is denied, where the agency repeatedly warned the contractor that it was considering terminating the contract for default and assessing liquidated damages, and where the agency did not waive its right to terminate the contract by allowing the contractor to continue performance after the contract’s due date.