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CALDERA v. J.S. ALBERICI CONST. CO., INC.

No. 97-1531.

153 F.3d 1381 (1998)

Louis CALDERA, Secretary of the Army, Appellant, v. J.S. ALBERICI CONSTRUCTION CO., INC., and Martin K. Eby Construction Co., Inc. (Joint Venture), Appellees.

United States Court of Appeals, Federal Circuit.

September 3, 1998.

Attorney(s) appearing for the Case

Robert E. Leidenheimer, Jr., Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Sharon Y. Eubanks, Deputy Director.

William H. Gammon, Moore & Van Allen, PLLC, of Raleigh, NC, argued for appellees. Of counsel on the brief were Jeffrey M. Young, Michael E. Wilson, Greensfelder, Hemker & Gale, P.C., of St. Louis, Missouri.

Adrian L. Bastianelli, III, Bastianelli, Brown & Kelly, of Washington, DC, for amicus curiae, The Associated General Contractors of America, et al. With him on the brief was George W. Stiffler.

Before MAYER, Chief Judge, LOURIE and RADER, Circuit Judges.

MAYER, Chief Judge.

The Secretary of the Army appeals the Army Corps of Engineers Board of Contract Appeals' decision, 6179-R (April 17, 1997), awarding interest under 41 U.S.C. § 611 (1994) on prospective as well as incurred costs. Bound by statute, we affirm.

Background

In October 1989, J.S. Alberici Construction Co., Inc., and Martin K. Eby Construction Co., Inc., (the contractors) entered into a fixed-price construction contract,...

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