United States Federal Circuit

In a breach of contract action, Court of Federal Claims judgment for plaintiff is affirmed in part, vacated in part and remanded where: 1) the court erred in holding that plaintiff did not release its cumulative impact claims attributable to paragraph 8 of Modification 93 in the contract as the language the modification is unambiguous; 2) the monetary award for delays on the project and award of profits on the delay and cumulative impact claims is vacated as the release language present in Mod 93 and later modifications excuses the government from liability for plaintiff's delay claims; and 3) the trial court did not err in the other aspects of its decision.

Appellate Information

• Decided 06/25/2009
• Published 06/25/2009

Judges

Court

• United States Federal Circuit

Counsel