United States Federal Circuit

A decision finding that contractor was entitled to an equitable contract adjustment related to the repair of corroded pipes in a ship it was building for the Navy is vacated pursuant to the Navy's appeal where the Armed Services Board of Contract Appeals incorrectly concluded that an improperly performed flush of the piping at issue was a "defect" in the vessel, as used in the contract's insurance clause.

Appellate Information

• Decided 10/04/2007
• Published 10/04/2007

Judges

• PROST, Circuit Judge., Before NEWMAN, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kirk T. Manhardt, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the Secretary of the Navy. With him on the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and William F. Ryan, Assistant Director.   Of counsel on the brief was James T. DeLanoy, Senior Trial Attorney, Office of the General Counsel, Navy Litigation Office, United States Department of the Navy, of Washington, DC., Richard C. Johnson, Smith Pachter McWhorter, PLC, of Vienna, Virginia, argued for Bath Iron Works Corporation.   Of counsel were Erin R. Karsman and David S. Stern., Patricia H. Wittie, Oldaker, Biden & Belair, LLP, of Washington, DC, for amicus curiae American Shipbuilding Association.