METCALF CONST. CO., INC. v. U.S.

No. 2013-5041.

742 F.3d 984 (2014)

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

United States Court of Appeals, Federal Circuit.

February 11, 2014.


Attorney(s) appearing for the Case

Robert J. Symon , Bradley Arant Boult Cummings LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Eric A. Frechtel.

Ellen M. Lynch , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, Reginald T. Blades, Jr. , Assistant Director, and Russell J. Upton , Trial Attorney.

Jerrold J. Ganzfried , Holland & Knight LLP, of Washington, DC, for amicus curiae Associated General Contractors of America. With him on the brief was Stephen B. Shapiro. Of counsel on the brief was Ralph C. Nash , of Washington, DC.

Maurice Baskin , Venable LLP, of Washington, DC, for amicus curiae Associated Builders and Contractors, Inc. With him on the brief was Rebecca Pearson.

Robynne T. Parkinson , Thaxton Parkinson PLLC, of Mercer Island, Washington, for amici curiae The Design-Build Institute of America, et al. Of counsel on the brief was Michael Loulakis , Capital Project Law Group PLLC, of Reston, Virginia.

Before O'MALLEY, PLAGER, and TARANTO, Circuit Judges.


TARANTO, Circuit Judge.

We consider the scope of the duty of good faith and fair dealing under a contract between the federal government and a private company engaged to design and to build housing for the military. We hold that the Court of Federal Claims misread our precedent in articulating what the contractor, Metcalf Construction Company, needed to show in order to prove that the government breached that duty. We also hold that the trial court misinterpreted...

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