FEDERALDistrict Court, D. Rhode Island
1998

United States Ex Rel. D'Ambra Construction Co. v. St. Paul Mercury Insurance

24 F. Supp. 2d 218District Court, D. Rhode Island • Decided 1998Enforced

HOLDING

D'Ambra Construction, a subcontractor on a Navy project, sued the general contractor and surety for unpaid work after the government terminated the contract for convenience. The court ruled that the subcontractor could only recover amounts the federal government actually approved and paid—not the full value of work performed. This means government approval limits your recovery, even if you did more work than paid.

KEY FINDINGS

Termination for Convenience

Your recovery is capped at what the government approves in writing, regardless of actual work completed or contract price

Dispute Resolution

Termination for convenience clauses in federal contracts give the government broad power to end work and limit your payment claims

Flow-Down

Flow-down clauses from prime to subcontract mean government contract terms bind you directly—review these before signing

FULL COURT OPINION