Philips Lighting North American Corporation

Material Facts

• The contract required Philips to upgrade and replace lighting fixtures at 25 parking garages owned by WMATA.
• Philips was to be paid in 20 semi-annual installments over a ten-year maintenance phase based on energy savings.
• WMATA failed to pay Philips' invoices for installment payments.
• The Board granted partial summary judgment to Philips regarding payment obligations but denied claims of bad faith.
• The Board held that WMATA's non-payment constituted a material breach of the contract.

Parties

Appellant

Philips Lighting North American Corporation

Respondent Agency

Washington Metropolitan Area Transit Authority

Contract Number

CQ-12077