FEDERALUnited States Court of Federal Claims
2008

Enron Federal Solutions, Inc. v. United States

80 Fed. Cl. 382United States Court of Federal Claims • Decided 2008Enforced

HOLDING

Enron Federal Solutions signed a 10-year contract with the Army to operate utility systems at Fort Hamilton and make capital improvements upfront. After Enron's parent company collapsed and EFSI defaulted, the Army terminated the contract. EFSI sued for payment of the capital improvements it had completed, but the court ruled against them. The court found the contract clearly put all financial risk on EFSI—if you default, you don't get paid for work done, even if the government benefited from it.

KEY FINDINGS

Termination for Convenience

Fixed-price contracts shift risk to you as the contractor. If you default for any reason, you may lose all compensation for completed work, regardless of the government's benefit.

Change Order

Capital improvements and upfront costs are especially risky under fixed-price terms. Make sure your contract explicitly protects you if the project is terminated early or if circumstances change.

Retention

Review termination clauses carefully before signing. Understand what happens to your payment if you default, and negotiate protection for work already completed and accepted.

FULL COURT OPINION