United States Federal Circuit

Armed Services Board of Contract Appeals's finding for defendant is reversed, as the government is entitled to withhold progress payments pursuant to 1) its common-law right of set-off, and 2) the construction contract.

Appellate Information

• Decided 05/21/2003
• Published 05/21/2003

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Timothy P. McIlmail, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellant.   With him on the brief was David M. Cohen, Director.


• For Appellees:
  
• Barbara G. Werther,Thelen Reid & Priest LLP, of Washington, DC, argued for appellee.   Of counsel was Michael Evan Jaffe.