DALY CONST., INC. v. GARRETT

No. 92-1154.

5 F.3d 520 (1993)

DALY CONSTRUCTION, INC., Appellant, v. H. Lawrence GARRETT, III, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

September 15, 1993.


Attorney(s) appearing for the Case

Michael F. Silberstein, Law Offices of Michael F. Silberstein, of San Rafael, CA, argued for appellant.

Virginia M. Lum, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued for appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was Richard L. Spector, Navy Public Works Center, Oakland, CA, of counsel.

Before NEWMAN, Circuit Judge, SKELTON, Senior Circuit Judge, and LOURIE, Circuit Judge.


PAULINE NEWMAN, Circuit Judge.

Daly Construction, Inc. appeals the decision of the Armed Services Board of Contract Appeals,1 denying Daly's claims arising from a government-caused delay of 518 days in contract performance, due to a defective specification. The Board held that Daly was not entitled to recover extended overhead for the period of the delay. We affirm.

A. The Negotiations

The 518 days were consumed...

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