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BELL BCI CO. v. U.S.

No. 2008-5087.

570 F.3d 1337 (2009)

BELL BCI COMPANY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 25, 2009.

Attorney(s) appearing for the Case

Richard O'Shea Wolf, Moore & Lee, LLP, of McLean, Virginia, argued for plaintiff-appellee. With him on the brief was Charlie C.H. Lee.

Brian M. Simkin, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were Jeanne E. Davidson, Director, and Joan Stentiford Swyers, Trial Attorney. Of counsel was Kyle E. Chadwick, Senior Trial Attorney.

Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Circuit Judge NEWMAN.

PROST, Circuit Judge.

Bell BCI Company ("Bell") and the National Institutes of Health ("NIH") entered into Contract No. 263-98-C-0102 on March 26, 1998. The fixed-price contract originally required Bell to construct a new five-story laboratory building by June 29, 2000. After several significant changes to the contract, Bell substantially completed a six-story laboratory building on February 8, 2002. After the government denied Bell's claim for equitable adjustment...

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