United States Federal Circuit

The Department of Housing and Urban Development Board of Contract Appeals erred in determining that the contract modification lacked consideration, thus, their decision that a contract modification was not enforceable to retroactively reprice past performance of certain task orders is reversed.

Appellate Information

• Decided 05/27/2004
• Published 05/27/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Philip M. Musolino, Musolino & Dessel, of Washington, DC, argued for appellant.


• For Appellees:
  
• Cristina C. Ashworth, Trial Attorney, 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;  David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel on the brief was Kenneth M. Hyde, Attorney, Office of General Counsel, Department of Housing and Urban Development, of Washington, DC.