Plaintiff Can Challenge Default Termination and Seek Payment of Invoices; COFC No. 15-1263C, Claude Mayo Construction Company Inc. v. United States

The government’s motion to dismiss a breach of contract claim is dismissed, where the plaintiff sufficiently pled that the government had an obligation to pay for work completed under the contract and that invoices for such work had not been paid, and where the plaintiff’s breach of contract claims are not subsumed by the claim the government improperly terminated the contract for default.