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FRASER CONST. CO. v. U.S.

No. 03-5155.

384 F.3d 1354 (2004)

FRASER CONSTRUCTION COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 27, 2004.

Attorney(s) appearing for the Case

Richard G. Jensen, Fabyanske, Westra & Hart, P.A., of Minneapolis, MN, argued for plaintiff-appellant. With him on the brief was Marvin T. Fabyanske.

Thomas B. Fatouros, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Deborah A. Bynum, Assistant Director, and James M. Meister, Trial Attorney.

Before NEWMAN, MICHEL, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

In this government contract case, the contractor seeks damages based on a claim of constructive acceleration. Following a trial, the Court of Federal Claims ruled that the contractor had failed to prove that the government constructively accelerated its performance. Fraser Const. Co. v. United States, 57 Fed. Cl. 56 (2003). Because the trial court's decision is based on factual findings that have not been shown to be clearly erroneous...

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