Section 16.35 Equitable Relief vs. Government

• Library: Construction Law 2016 Supp

F. (§16.35) Equitable Relief vs. Government

In Bowen v. Massachusetts, 487 U.S. 879 (1988), the Court determined that the Court of Claims has no power to grant equitable relief. Injunctive relief is equitable relief over which the court lacks jurisdiction. Furthermore, the Court of Claims does not have the general equitable powers of a district court to grant prospective relief. But regarding the Tucker Act, a limited exception may apply. Equitable relief may be available in the context of a bid protest.

In Brookter v. United States, 14 Cl. Ct. 232 (1988), the court held that...