United States Federal Circuit

In a case involving a claim for breach of a cost-plus-fixed-fee contract for treatment of contaminated soil at a Navy facility wherein the contractor seeks to recover additional soil treatment expenses incurred by a subcontractor, judgment that contractor was not entitled to award of costs and damages for breach of contract is affirmed where the contractor: 1) did not establish any representation in the contract documents as to the clay content of contaminated soil; and 2) failed to establish that it would have been reasonable for subcontractor to rely on any such representation under the circumstances.

Appellate Information

• Decided 04/18/2008
• Published 04/18/2008

Judges

• Before LINN, DYK, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Peter B. Jones, Jones & Donovan, of Newport Beach, CA, argued for appellant.


• For Appellees:
  
• David M. Hibey, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   With him on the brief were Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director.