E.R. MITCHELL CONST. CO. v. DANZIG

No. 98-1483.

175 F.3d 1369 (1999)

E.R. MITCHELL CONSTRUCTION CO., Appellant, v. Richard J. DANZIG, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

May 10, 1999.


Attorney(s) appearing for the Case

Stan Barnett, Smith, Bundy, Bybee & Barnett, P.C., of Charleston, South Carolina, argued for appellant.

Franklin E. White, Jr., Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for appellee. With him on the brief were David M. Cohen, Director and James M. Kinsella, Assistant Director.

Before NEWMAN, MICHEL, and CLEVENGER, Circuit Judges.


CLEVENGER, Circuit Judge.

This is a government contracts case. The facts are not in dispute, and the only issue for decision is one of law: whether the government is liable for unabsorbed home office overhead costs of a subcontractor, whose work is delayed by the government, when the prime contractor is not delayed in the completion of its contract with the government. The Armed Services Board of Contract Appeals held that...

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