DAEWOO ENGINEERING AND CONST. CO., LTD. v. U.S.

No. 2007-5129.

557 F.3d 1332 (2009)

DAEWOO ENGINEERING AND CONSTRUCTION CO., LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 20, 2009.


Attorney(s) appearing for the Case

Thomas P. McLish, Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Thomas C. Goldstein and Paul W. Killian.

Donald E. Kinner, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Jeanne E. Davidson, Director, and J. Reid Prouty, Trial Attorney, and Michal L. Tingle, Assistant Director, Civil Fraud. Of counsel on the brief was Brian S. Smith, Division Counsel, United States Army Corps of Engineers, of Ft. Shafter, Hawaii.

Before MAYER, FRIEDMAN, and DYK, Circuit Judges.


DYK, Circuit Judge.

Daewoo Engineering and Construction Co., Ltd. ("Daewoo" or "the contractor") brought suit in the Court of Federal Claims, alleging that the United States breached a contract between Daewoo and the United States to build a road in the Republic of Palau. The United States counterclaimed, alleging violations of the False Claims Act, 31 U.S.C. § 3729, and the Contract Disputes Act, 41 U.S.C. § 604, and seeking forfeiture of Daewoo's claims...

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