United States Federal Circuit

In this case, the Civil Board of Contract Appeals denied plaintiff’s claim for an equitable adjustment of a Department of Veterans Affairs (VA) contract which required the installation of three backup generators for a VA medical center. Plaintiff contends that the VA improperly rejected the generators on the ground that they were not “new” as required by the contract. The decision of the Board is vacated and the case is remanded for further proceedings, where the Board erred in its interpretation of the contract, as on remand it must be determined whether the damage to the generators during the four-year period between the original manufacture and the date of delivery to the VA medical center was significant enough to render the generators not “new.”

Appellate Information

• Decided 03/06/2015
• Published 03/06/2015

Judges

• Dyk

Court

• United States Federal Circuit

Counsel