United States DC Circuit

In challenges by a government contractor to the withholding of contract payment for violation of the Davis-Bacon Act, dismissal of claims of estoppel, failure to follow department regulations, and denial of due process regarding job classification determination are affirmed. However, claim that a that a limited area practice survey was not supported by substantial evidence is dismissed where the court lacks subject matter jurisdiction.

Appellate Information

• Argued 10/16/2007
• Decided 11/23/2007
• Published 11/26/2007

Judges

• ROGERS, Circuit Judge:, Before:  SENTELLE and ROGERS, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Maurice Baskin argued the cause and filed the briefs for appellant., Thomas R. Davies was on the brief for amicus curiae Associated Builders and Contractors, Inc. in support of appellant.


• For Appellees:
  
• Benton G. Peterson, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.