United States Federal Circuit

Because the specification and drawings in the contract clearly required the installation of manual balancing dampers at all points in the duct system where duct sizes change, contractor is not entitled to an equitable adjustment for their installation.

Appellate Information

• Decided 04/07/2004
• Published 04/07/2004

Judges

• MAYER, Chief Judge., Before MAYER, Chief Judge, RADER and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John H. Guin,Winston & Cashatt, of Spokane, WA, argued for appellant.   On the brief was Robert H. Crick.   Of counsel was C. Matthew Anderson.


• For Appellees:
  
• Gregory R. Firehock, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   On the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Donald E. Kinner, Assistant Director;  and Thomas B. Fatouros, Trial Attorney.   Of counsel on the brief was Gregory W. Vanagle, Attorney, United States Department of the Army, Army Corps of Engineers, of Elmendorf AFB, AK.