WHITE v. EDSALL CONST. CO., INC.

No. 01-1628.

296 F.3d 1081 (2002)

Thomas E. WHITE, Secretary of the Army, Appellant, v. EDSALL CONSTRUCTION COMPANY, INC., Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: July 2, 2002.


Attorney(s) appearing for the Case

Phyllis Jo Baunach, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for appellee. With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Franklin E. White, Jr., Assistant Director. Of counsel on the brief was Craig S. Clarke, Attorney, U.S. Army Legal Services Agency, Contract Appeals Division, Department of the Army, of Arlington, VA.

Jon G. Sarff, P.L.C., Adamson & Sarff, of Mankato, MN, for appellee.

Before RADER, SCHALL, and LINN, Circuit Judges.


RADER, Circuit Judge.

Thomas E. White, Secretary of the Army, appeals the decision of the Armed Services Board of Contract Appeals (Board) holding that a disclaimer on a design drawing did not shift the risk of a design defect to Edsall Construction Company, Inc. Edsall Construction Co., ASBCA No. 51787, 2001 WL 583470 (May 21, 2001) (Edsall). Because the Board correctly held that the general disclaimer did not shift the risk to Edsall, this court affirms...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases