United States Federal Circuit

The Armed Services Board of Contract Appeals correctly denied contractor's claim for delay damages caused when Army denied access to construction site for 41 days following the September 11, 2001 terrorist attacks, because the sovereign acts doctrine shielded the Army from any liability for its decision to deny access to the construction site for security purposes while Army Rangers prepared for deployment.

Appellate Information

• Decided 12/31/2008
• Published 12/31/2008

Judges

• BRYSON, Circuit Judge., Before BRYSON, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joseph C. Staak, Smith, Currie & Hancock LLP, of Atlanta, GA, argued for appellant.


• For Appellees:
  
• Lauren S. Moore, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee.   With her on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Donald E. Kinner, Assistant Director.   Of counsel on the brief was Henry R. Richmond, Deputy District Counsel, United States Army Corps of Engineers, of Savannah, Georgia.