H.B. MAC, INC. v. U.S.

No. 97-5054.

153 F.3d 1338 (1998)

H.B. MAC, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 19, 1998.


Attorney(s) appearing for the Case

William L. Bruckner, Bruckner & Walker, San Diego, CA, argued, for plaintiff-appellee.

Mitchell J. Matorin, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued, for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Robert M. Hollis, Assistant Director. Of counsel was Richard P. Nockett, Attorney, U.S. Department of Justice, Washington, DC. Of counsel on the brief were Frank Carr, Chief Trial Attorney, U.S. Army Corps of Engineers, Washington, DC and Robyn Au, Trial Attorney, U.S. Army Corps of Engineers, Ft. Shafter, HI.

Before LOURIE, RADER, and SCHALL, Circuit Judges.


SCHALL, Circuit Judge.

The United States appeals from the December 31, 1996 judgment of the United States Court of Federal Claims awarding H.B. Mac, Inc. (Mac) $103,365.60 additional compensation (plus interest) under its construction contract with the United States Army Corps of Engineers (the Corps). Following a trial, the court held that Mac was entitled to an equitable adjustment in the contract price due to a Type I differing site condition. See H.B. Mac,...

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