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McHugh v. DLT Solutions, Inc., 09-1536

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By FindLaw Staff on September 23, 2010 3:18 PM

McHugh v. DLT Solutions, Inc., 09-1536, concerned a challenge to a final decision of the Armed Services Board of Contract Appeals holding that the government breached a non-substitution clause of a delivery order awarded to plaintiff (an authorized software reseller and licensor under a blanket purchase agreement between Oracle Corporation and the Army's Information Technology E. Commerce and Commercial Contracting Center).  In reversing the Board of Contract Appeals' decision, the court held that, under a proper interpretation of the contract, the government did not replace the contracted-for software following the termination of its contract with plaintiff, and hence did not breach the contract.

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