United States Federal Circuit

Summary judgment in favor of the government in a contract dispute is affirmed, where plaintiff has not identified evidence that, even if credited, would allow it to prevail at a trial on its claims of breach of contract, breach of implied warranty, breach of the duty of good faith and fair dealing, and mutual mistake because plaintiff did not secure protection in the contract against either of the risks it says matured into unexpected costs: 1) that certain prices in the contract did not accurately reflect input costs at the time of contracting; or 2) that, once work began, costs would increase as much as plaintiff says they did.

Appellate Information

• Decided 04/11/2014
• Published 04/11/2014

Judges

• TARANTO

Court

• United States Federal Circuit

Counsel