United States Federal Circuit

The DVA Board's denial of plaintiff's claim for unabsorbed home office overhead is reversed because the Board erred in its interpretation of the parties' stipulation. Because the Board also erred in analyzing six separate changes to the contract (occurring over ten months) as a single change effective on the date of the first change, the number of days of delay due to those changes must be recalculated.

Appellate Information

• Decided 04/07/2003
• Published 04/07/2003

Judges

• MICHEL, Circuit Judge., Before NEWMAN, MICHEL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William E. Dorris,Kilpatrick Stockton LLP, of Atlanta, GA, argued for appellant P.J. Dick Incorporated.


• For Appellees:
  
• John E. Kosloske, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee Secretary of Veterans Affairs.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  and David M. Cohen, Director.