ACE CONSTRUCTORS, INC. v. U.S.

No. 2006-5093.

499 F.3d 1357 (2007)

ACE CONSTRUCTORS, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 19, 2007.


Attorney(s) appearing for the Case

W. Robert Vezina, III, Vezina, Lawrence & Piscitelli, P.A., of Tallahassee, FL, argued for plaintiff-appellee.

Timothy P.McIlmail, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Donald E. Kinner, Assistant Director. Of counsel was Lloyd Rex Crosswhite, Office of Counsel, United States Army Corps of Engineers, of Fort Worth, TX.

Before MICHEL, Chief Judge, NEWMAN and DYK, Circuit Judges.


NEWMAN, Circuit Judge.

ACE Constructors, Inc. entered into a contract with the United States Army Corps of Engineers to build a structure designated the Ammo Hot-Load Facility, at Biggs Army Airfield at Fort Bliss in El Paso, Texas. Several disputes arose and, after a five-day trial, the Court of Federal Claims decided several issues in favor of ACE, awarded an equitable adjustment to ACE in the amount of $1,383,009 with...

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