United States Federal Circuit

In a construction contract dispute, plaintiff's claim for unabsorbed overhead resulting from a contract delay is denied where it's non-compliance with its obligations make it jointly accountable for the delay.

Appellate Information

• Decided 01/26/2005
• Published 01/26/2005

Judges

• BRYSON, Circuit Judge., Before NEWMAN, CLEVENGER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Harvey K. Hess, Jr., of Kitty Hawk, North Carolina, argued for appellant.   Of counsel was Arlie O. Pritchard, Jr., of Williamsburg, Virginia.


• For Appellees:
  
• Carolyn J. Craig, Trial Attorney, Civil Division, Commercial Litigation Branch, 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 Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief was Major Anissa Parekh, Trial Attorney, Office of the Judge Advocate General, Department of the Army, of Arlington, Virginia.