United States Federal Circuit

In a contract dispute, denial of plaintiff's claim for an equitable adjustment is reversed where plaintiff reasonably relied on a defective specification, which did not contain a patent defect that would have otherwise precluded it from recovering the adjustment.

Appellate Information

• Decided 08/17/2004
• Published 08/17/2004

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David W. Lannetti, Vandeventer Black LLP, of Norfolk, Virginia, argued for appellant.   With him on the brief was Michael L. Sterling.


• For Appellees:
  
• Kenneth D. Woodrow, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Mark A. Melnick, Assistant Director.   Of counsel was Mark R. Wiener, Attorney, Navy Litigation Office, Washington Navy Yard, of Washington, DC.