Plaintiff from requesting declaratory relief for cardinal change. Id. at 32. First, the Government wrongly asserts that the provision in SLA No. 2 reestablishing completion dates precludes the cardinal change claim in the May 12, 2009 Complaint. Id. at 33. SLA No. 2 states that GSA has the right to seek a termination or extend the Delivery Date, if Plaintiff does not reach 80% completion by the Delivery Date. Gov’t Ex. A (“[I]n the event the premises will not be 80% complete by the Delivery Date ... the Lease provides the Government the right to either seek to terminate the Lease or extend the Delivery Date.”). GSA, however, cannot terminate a contract for default, if the contractor is asked to perform a cardinal change. Malone v. United States, 849 F.2d 1441, 1446 (Fed.Cir.1988) (<HOLDING>). Therefore, SLA No. 2 simply reestablished new
holding that the government could not charge contractor excess cost of relet contract where government caused a delay in contract performance in which contractor was to use his own equipment original contractors costs increased and government refused to allow original contractor to perform at cost but allowed new contractor to use government equipment and paid new contractor a different rate holding that a cardinal change provides the contractor with a legal right to avoid the contract discharges the contractors duty to perform and relieves the contractor of the default termination and its consequences holding that where owner and contractor frequently discussed progress of construction project and advancement of money by owner to contractor and contractor misappropriated some of the money debt was not excepted from discharge under bankruptcy code  523a2 because owner did not show that contractor had intent not to perform when the agreement was made holding only a material breach discharges contractors duty to perform holding that bankruptcy trustee for contractor could not avoid prepetition payment of funds from contractor to subcontractors