United States Federal Circuit

In a breach-of-contract dispute between the operator of an inn on an army base and the United States Army's Morale, Welfare, and Recreation Fund, in which the Armed Services Board of Contract Appeals (ASBCA) had dismissed the inn operator's second complaint as duplicative of a prior breach-of-contract complaint, the inn operator's appeal of that decision is dismissed, where: 1) a provision in the contract between the parties stated that decisions of the ASBCA were final and were not subject to further appeal, and thus the inn operator knowingly and voluntarily waived its right to appeal to the Federal Circuit; and 2) permitting waiver of Federal Circuit appeal is not contrary to the text or purpose of the Contract Disputes Act.

Appellate Information

• Decided 03/02/2012
• Published 03/02/2012

Judges

• Reyna

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Sandra B. Wick Mulvany, James Sweet