United States Federal Circuit

In a breach of contract action stemming from a contract with the U.S. Department of Housing and Urban Development (HUD) to perform asbestos abatement work at an apartment complex, summary judgment to the government on two counts of the complaint is affirmed where the contract terms and specification governed performance, rather than plaintiff's work plan.

Appellate Information

• Decided 09/29/2006
• Published 09/29/2006

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert C. Haase, Jr., Robins, Kaplan, Miller & Ciresi L.L.P., of Los Angeles, CA, argued for plaintiff-appellant.   With him on the brief was Edward D. Lodgen.   Of counsel was David C. Veis.


• For Appellees:
  
• Andrew P. Averbach, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Donald E. Kinner, Assistant Director.