Government Is Not Liable for Breach of Lease Where Harm to Leased Property Was Caused by the Lessor’s Failure to Follow Government Specifications, Not by the Government’s Actions; COFC No. 14-711C, Stromness MPO LLC v. United States
Lessor’s claim against the government for breach of lease is denied in part where government actions—i.e., building a demising wall between property it had formerly leased and property it currently leased—did not constitute a breach and did not render the formerly-leased property worthless; rather, the harm to the formerly-leased property was ultimately caused by the lessor’s unauthorized construction of a facility twice as large as the government had requested.
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