United States Federal Circuit

Armed Services Board of Contract Appeals, in determining whether to award unabsorbed overhead damages to a government contractor for government delay, must independently assess contractor's evidence rather than adopting report of Defense Contract Audit Agency auditor.

Appellate Information

• Decided 11/08/2001
• Published 11/08/2001

Judges

• FRIEDMAN, Senior Circuit Judge., Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Judith Ward Mattox, of Colorado Springs, CO, argued for appellant.


• For Appellees:
  
• Bryant S. Banes, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Donald E. Kinner, Assistant Director.