United States Federal Circuit

A decision denying appellant's claim for a retroactive pricing adjustment in its contract with HUD involving accounting services is affirmed where the language of a contract modification was not ambiguous with regard to the question of its retroactivity and it did not provide for retroactive pricing, and even if there were an ambiguity in the language, it should be resolved in favor of the government's position.

Appellate Information

• Decided 11/08/2006
• Published 11/08/2006

Judges

• DYK, Circuit Judge., Before LOURIE, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Sean McNamara, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice of Washington, DC, argued for appellee.   On the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Mark A. Melnick, Assistant Director;  and David A. Harrington, Trial Attorney. Of counsel were Cristina C. Ashworth and Kenneth M. Dintzer, Attorneys.