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NELLO L. TEER CO. v. WMATA

Nos. 89-7274, 89-7282.

921 F.2d 300 (1990)

NELLO L. TEER COMPANY v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1990.

As Amended January 2, 1991.

Attorney(s) appearing for the Case

Roy T. Englert, Jr., with whom Kenneth S. Geller, Robert L. Polk, Arnold I. Melnick and Thomas B. Dorrier, Washington, D.C. were on the brief, for Washington Metropolitan Area Transit Authority, appellant in 89-7274 and cross-appellee in 89-7282.

Richard G. Mann, Jr., with whom John B. Tieder, Jr. and Robert K. Cox, McLean, Va. were on the brief, for Nello L. Teer Co., appellee in 89-7274, and cross-appellant, in 89-7282.

Before EDWARDS, D.H. GINSBURG and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This appeal raises the issue whether, under the law of the District of Columbia, there can be an implied contractual duty arising under a 1974 construction contract obligating the Washington Metropolitan Area Transit Authority ("WMATA") to avoid unreasonable delays in processing "equitable adjustment" claims, the breach of which would entitle an aggrieved contractor...

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