United States Federal Circuit

In a contractor's claim for equitable adjustment of a contract with the FAA, for construction work at an airport, soils encountered did not amount to differing site conditions or defective contract specifications; contractor had a duty to seek clarification of ambiguity about the location and condition of a fuel pipeline.

Appellate Information

• Decided 06/26/2002
• Published 06/26/2002

Judges

• DYK, Circuit Judge., Before NEWMAN, LINN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jack L. Schoenhals, of Salt Lake City, Utah, argued for plaintiff-appellant.   Of counsel on the brief were Richard J. Webber, and Natalie Stoney Walters, Arent Fox Kinter Plotkin & Kahn, PLLC, of Washington, DC.


• For Appellees:
  
• Kent G. Huntington, Attorney, Commercial Ligitation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Kathryn A. Bleecker, Assistant Director.   Of counsel on the brief was Karen D. Huber, Attorney, Office of Regional Counsel, Federal Aviation Administration, of Renton, Washington.