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NOVA GROUP/TUTOR-SALIBA v. UNITED STATES

2022-1740.

87 F.4th 1375 (2023)

NOVA GROUP/TUTOR-SALIBA, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: December 11, 2023.

Attorney(s) appearing for the Case

G. Scott Walters , Smith, Currie & Hancock LLP, Atlanta, GA, argued for plaintiff-appellant. Also represented by Robert O'Neal Fleming, Jr. ; Sarah Carpenter , Charlotte, NC; Alexander Gorelik , Tysons, VA.

Andrew James Hunter , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Brian M. Boynton , Steven John Gillingham , Patricia M. McCarthy .

Before Chen, Cunningham, and Stark, Circuit Judges.

Nova Group/Tutor-Saliba ("NTS") appeals from the judgment of the United States Court of Federal Claims that NTS failed to demonstrate it was entitled to recover additional compensation for alleged differing site conditions it encountered during the performance of a construction contract. We affirm.

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