FEDERALUnited States Court of Claims
1992

Pacificorp Capital, Inc. v. United States

25 Cl. Ct. 707United States Court of Claims • Decided 1992Enforced

HOLDING

Pacificorp and Datapoint sued the federal government for unpaid lease payments on computer equipment under a GSA contract. The government had included language saying it "contemplates" completing a lease-to-ownership agreement but later terminated the contract early. The court ruled that the word "contemplates" or "intends" does not create a binding legal obligation—it's just a moral commitment. This means the government could legally walk away from the deal. Subcontractors need to understand that vague language about future performance won't hold up in court.

KEY FINDINGS

Termination for Convenience

Never rely on words like 'contemplates,' 'intends,' or 'expects' in government contracts—they are not legally binding commitments

Dispute Resolution

Government agencies retain broad termination rights even when contracts suggest long-term performance; always review termination clauses carefully

FULL COURT OPINION