STATES ROOFING CORP. v. WINTER

No. 2009-1067.

587 F.3d 1364 (2009)

STATES ROOFING CORPORATION, Appellant, v. Donald C. WINTER, Secretary of the Navy, Appellee.

United States Court of Appeals, Federal Circuit.

December 7, 2009.


Attorney(s) appearing for the Case

David W. Lannetti, Vandeventer Black LLP, of Norfolk, VA, argued for appellant. With him on the brief was Neil S. Lowenstein.

Jane C. Dempsey, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With her on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Mark A. Melnick, Assistant Director.

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


NEWMAN, Circuit Judge.

States Roofing Corporation appeals the decision of the Armed Services Board of Contract Appeals ("the Board"), denying States Roofing's claim for additional costs incurred in connection with its contract to perform roofing work at a Naval facility in Norfolk, Virginia.1 The claim is brought in accordance with the Contract Disputes Act of 1978, 41 U.S.C. § 601 et seq., and turns on whether States Roofing...

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