METRIC CONSTRUCTORS v. NATIONAL AERONAUTIC & SPACE

No. 98-1156.

169 F.3d 747 (1999)

METRIC CONSTRUCTORS, INC., Appellant, v. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, Appellee.

United States Court of Appeals, Federal Circuit.

March 3, 1999.


Attorney(s) appearing for the Case

Eric M. Drattell, McDermott, Will & Emery, of Washington, DC, argued for appellant.

F. Jefferson Hughes, Trial 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 Sharon Y. Eubanks, Deputy Director.

Before RICH, PLAGER, and RADER, Circuit Judges.


RADER, Circuit Judge.

The National Aeronautics and Space Administration (NASA) awarded a $56,215,000 contract to Metric Constructors, Inc. (Metric) for construction of the Space Station Processing Facility (SSPF) at the Kennedy Space Center in Florida. On December 10, 1993, NASA issued a contract modification deleting a contract requirement to install new light bulbs before project completion. NASA deducted $132,570 from the contract for the deleted work. When Metric...

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