United States Federal Circuit

The GSA Board of Contract Appeals did not show contractor's interpretation of an ambiguous, zone-based overtime formula to be unreasonable; if deemed reasonable on remand, the Board must apply the legal rule of contra proferentem and resolve the ambiguity against the drafter.

Appellate Information

• Decided 04/12/2004
• Published 04/12/2004

Judges

• Before NEWMAN, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas P. McLish,Akin Gump Strauss Hauer & Feld, LLP, of Washington, DC, argued for appellant.   The briefs were submitted by Scott M. Heimberg for the appellant.


• For Appellees:
  
• Jane W. Vanneman, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  and David M. Cohen, Director.   Of counsel on the brief was David M. Smith, Attorney, Office of General Counsel, General Services Administration, of Washington, DC.