Title 10, Armed ForcesRelease 119-110
§2872b Treatment of Breach of Contract
Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 169 — MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › SUBCHAPTER IV — ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING › § 2872b
Summary
When a party seriously breaks a contract, the Secretary must use available powers, like withholding payments, to make them fix the problem. If the Secretary decides the breach isn't fixed in time, the Secretary may cancel the contract and bar the party from new or expanded contracts under this subchapter.
Full Legal Text
Title 10, §2872b
Armed Forces, Source: USLM XML via OLRC
(a)Response to Material Breach.—
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)Rescinding of Contract.—
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
Sep 22, 2026
Release point: 119-110