Contract performance

(1574) Scarborough, 124 S. Ct. at 1865.

(1575) Id. at 1867.

(1576) Id.

(1577) Id. at 1871.

(1578) Id. at 1872.

(1579) 374 F.3d 1123 (Fed. Cir. 2004).

(1580) In relevant part, the statute provides:

(a) Interest shall be allowed on any money judgment in a civil case recovered in a district court.... Such interest shall be calculated from the date of the entry of the judgment....

(b) Interest shall be computed daily to the date of payment except as provided in section 2516(b) of this title and section 1304(b) of title 31, and shall be compounded annually.

(c) ...

(2) Except as otherwise provided in paragraph (1) of this subsection, interest shall be allowed on all final judgments against the United States in the United States Court of Appeals for the Federal Circuit, at the rate provided in subsection (a) and as provided in subsection (b).

(3) Interest shall be allowed, computed, and paid on judgments of the United States Court of Federal Claims only as provided in paragraph (1) of this subsection or in any other provision of law.

(4) This section shall not be construed to affect the interest on any judgment of any court not specified in this section.

28 U.S.C.S. [section] 1961(c)(2) (LEXIS 2004).

(1581) Conoco, Inc. v. United States, 35 Fed. Cl. 309 (1996).

(1582) Marathon Oil Co. v. United States, 177 F.3d 1331 (Fed. Cir. 1999).

(1583) Marathon Oil Co. v. United States, 528 U.S. 1002 (1999).

(1584) Marathon Oil Co. v. United States, 236 F.3d 1313, 1315-16 (2000).

(1585) Marathon Oil Co. v. United States, 56 Fed. Cl.768, 769 (2003).

(1586) Id. at 776.

(1587) Id.

(1588) Id. at 773.

(1589) Id.

(1590) Id. at 774-75.

(1591) Marathon Oil Co. and Mobil Oil Exploration & Producing Southeast, Inc. v. United States, 374 F.3d 1123, 1127 (Fed. Cir. 2004).

(1592) Specifically, section 1961(c)(2) provides that "interest shall be allowed on all final judgments against the United States in the United States Court of Appeals for the Federal Circuit ... as provided in subsection (b)." 28 U.S.C.S. [section] 1961(c)(2) (LEXIS 2004). Section 1961(b) states that "interest shall be computed daily to the date of payment except as provided in section 2516(b) of this title and section 1304(b) of title 31, and shall be compounded annually." Id. [section] 1961(b). Section 2516(b), in turn, provides that: "interest on a judgment against the United States affirmed by the Supreme Court after review on petition of the United States is paid at" the same rate specified in 28 U.S.C. [section] 1961(a). Id. [section] 2516(b). Finally, 31 U.S.C. [section] 1304 provides, in relevant part, "[i]nterest may be paid from the appropriation made by this section--on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government ... [or] on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under section 2516b) of title 28...." 31 U.S.C.S. [section] 1304.