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United States Federal Circuit


Bell/Heery v. US, 13-5002

Dismissal of plaintiff's complaint arising out of a contract dispute between plaintiff and the Federal Bureau of Prisons is affirmed, where the U.S. Court of Federal Claims properly erred dismissed plaintiff's complaint for failure to state a claim upon which relief can be granted because: 1) under the terms of the contract, the costs for complying with the permit requirements were allocated to plaintiff; and 2) the doctrine of constructive change cannot be invoked against the government because it did not itself effect an alteration in the work to be performed.

Appellate Information

  • Decided 01/07/2014
  • Published 01/07/2014

Judges

  • REYNA

Court

  • United States Federal Circuit

Counsel

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