Title 10 — Armed ForcesRelease 119-73

§2872b Treatment of breach of contract

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 169— - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › Subchapter SUBCHAPTER IV— - ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING › § 2872b

Last updated Apr 6, 2026|Official source

Summary

The Secretary must use available powers, like withholding payments, to push a contractor to fix a serious breach of a contract. If the breach isn’t fixed in time, the Secretary may cancel the contract under its terms and bar the party from new contracts or expansions with the Secretary under this subchapter.

Full Legal Text

Title 10, §2872b

Armed Forces — Source: USLM XML via OLRC

(a)In the case of a material breach of contract under this subchapter by a party to the contract, the Secretary concerned shall use the authorities available to the Secretary, including withholding amounts to be paid under the contract, to encourage the party to cure the breach.

(b)If a material breach of the contract is not cured in a timely manner, as determined by the Secretary concerned, the Secretary may—

(1)rescind the contract pursuant to the terms of the contract; and

(2)prohibit the offending party from entering into a new contract or undertaking expansions of other existing contracts, or both, with the Secretary under this subchapter.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2872b

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73