FEDERALCourt of Appeals for the Federal Circuit
1994

A-Transport Northwest Co., Inc. v. United States

36 F.3d 1576Court of Appeals for the Federal Circuit • Decided 1994Enforced

HOLDING

A-Transport, a trucking company, held a government contract to transport goods from a Seattle warehouse. When the government relocated the warehouse, it resolicited bids under a change-of-supply-point clause in the original contract. A-Transport sued, claiming breach. The court ruled the government acted within its contractual rights and did not breach in bad faith. This matters because it shows courts will enforce broad change clauses that give the government flexibility to modify work locations.

KEY FINDINGS

Change Order

Change-of-supply-point and change-of-location clauses in government contracts are enforceable and give the government wide latitude to modify where work is performed without breaching the agreement.

Dispute Resolution

Simply resoliciting work after a location change is not bad faith if the contract language permits it—you must prove the government acted dishonestly or with improper motive, not just that you lost the job.

FULL COURT OPINION