United States Federal Circuit

A government contractor making claims for increased costs based on projections rather than actual increases experienced may be liable under the Special Plea in Fraud, 28 USC 2514, the False Claims Act, 31 USC 3729, and the antifraud provision of the Contract Disputes Act, 41 USC 604.

Appellate Information

• Decided 05/14/2001
• Published 05/14/2001

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, CLEVENGER and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James S. Phillips, Williams, Mullen, Clark & Dobbins, of McLean, VA, argued for plaintiff-appellant.   With him on the brief were James S. Delsordo and Francis E. Purcell, Jr.


• For Appellees:
  
• Judith Rabinowitz, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were David M. Cohen and Michael F. Hertz, Directors;  and Robert M. Hollis and Stephen D. Altman, Assistant Directors.