United States Federal Circuit

In a dispute involving a fixed price contract with the Navy for external renovation of a historic dental research facility, a decision finding in favor of contractor on certain claims for an equitable adjustment in contract price is partially affirmed, reversed, vacated and remanded as: 1) because the contract explicitly reserved authority to modify the contract to the Contracting Officer, a Resident Officer in Charge of Contracts (ROICC) did not have actual express or implied authority to direct the contractor to perform compensable contract changes; but 2) one claim was independently sustainable based on a differing site condition; and 3) other claims are remanded for to determine whether the ROICC's directives on those claims were ratified.

Appellate Information

• Decided 08/17/2007
• Published 08/17/2007

Judges

• Before LOURIE, PROST, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Devin A. Wolak, Trial Attorney, Commercial Litigation Branch, Civil Division United States Department of Justice, of Washington, DC, argued for the appellant.   On the brief were Peter D. Keisler, Assistant Attorney General, Deborah A. Bynum, Assistant Director, and Andrew P. Averbach, Attorney.


• For Appellees:
  
• Douglas C. Proxmire, Patton Boggs, LLP., of Washington DC., argued for appellee.   With him on the brief was Michael J. Schaengold.