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