MRT CONSTRUCTION v. HARDRIVES, INC.

No. 97-15983.

158 F.3d 478 (1998)

MRT CONSTRUCTION INC., a Texas corporation, Plaintiff-Appellant, v. HARDRIVES, INC., a Minnesota corporation, dba U.S. Industrial Constructors, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 16, 1998.


Attorney(s) appearing for the Case

Steven A. Hirsch, Bryan Cave, Phoenix, AZ; David C. Romm, Watt, Tieder & Hoffar, McLean, VA, for plaintiff-appellant.

Graeme Hancock, Fennemore Craig, Phoenix, AZ, for defendant-appellee.

Before: LAY, KOZINSKI and T.G. NELSON, Circuit Judges.


LAY, Circuit Judge.

In May 1986, the U.S. Department of the Interior, Bureau of Reclamation ("BOR"), awarded Hardrives, Inc. ("Hardrives") a contract to construct a canal in Arizona. The contract incorporates the Contract Disputes Act, 41 U.S.C. §§ 601-613 ("CDA"). The contract terms allow Hardrives to pursue claims against the government for government-caused delays and errors, but also require Hardrives to complete the canal project on time without regard...

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