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

No. 02-1462.

326 F.3d 1376 (2003)

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

United States Court of Appeals, Federal Circuit.

DECIDED: May 5, 2003.

Attorney(s) appearing for the Case

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

Carolyn J. Craig, Trial 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 Donald E. Kinner, Assistant Director. Of counsel on the brief was Major John B. Alumbaugh, Department of the Army, United States Army Legal Services Agency, of Arlington, VA.

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

FRIEDMAN, Senior Circuit Judge.

The question in this case, here for a second time, is whether the Armed Services Board of Contract Appeals ("Board") correctly held that a government contractor had failed to prove an essential element of its claim for so-called Eichleay damages covering its unabsorbed home office overhead costs during a period of government-caused delay in contract performance. In the prior appeal, we vacated the Board's earlier decision denying...

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