System Fuels, Inc. v. United States

NEWMAN, Circuit Judge,

concurring in part, dissenting in part.

I concur in the court’s opinion and the rulings based thereon, with the exception of the ruling that damages for breach of contract cannot include the cost of financing the construction and storage expenditures required to mitigate the breach. As explained in my dissenting opinion in the companion case, System Fuels, Inc. v. United States, 666 F.3d 1306 (Fed.Cir.2012), these costs were incurred solely because of the government’s breach of contract, and thus are recoverable as damages for the breach.