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CHARLES G. WILLIAMS CONST., INC. v. WHITE

No. 01-1074.

271 F.3d 1055 (2001)

CHARLES G. WILLIAMS CONSTRUCTION, INC., Appellant, v. Thomas E. WHITE, Secretary of the Army, Appellee.

United States Court of Appeals, Federal Circuit.

Decided November 8, 2001.

Attorney(s) appearing for the Case

Judith Ward Mattox, of Colorado Springs, CO, argued for appellant.

Bryant S. Banes, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Donald E. Kinner, Assistant Director.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

In determining a government contractor's damages where the government has caused delay in the performance of the contract, one problem is determining what portion of the contractor's home office overhead costs during the delay period is properly chargeable to the contract involved. The so-called Eichleay damages involve a formula by which to calculate the government's liability for the contractor's unabsorbed office overhead...

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