United States Federal Circuit

The Armed Services Board of Contract Appeals properly sustained defendant's default termination of plaintiff's contract. Even if plaintiff were entitled to excusable delay for the period before EPA notification, it still would not have been able to complete the project in a timely fashion.

Appellate Information

• Decided 03/24/2004
• Published 03/24/2004

Judges

• Before MAYER, Chief Judge, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Carter G. Phillips,Sidley Austin Brown & Wood LLP, of Washington, DC, argued for appellant.   With him on the brief were Virginia A. Seitz, Joseph C. Port, Jr., Mark P. Guerrera, and Kimberle E. Dodd.


• For Appellees:
  
• Kyle Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   With him on the brief were Robert D. McCallum, Jr., Associate Attorney General;  David M. Cohen, Director;  and Mark Melnick, Assistant Director.