Prestex, Inc. v. United States

OPINION

LYDON, Judge:

This government contract case involves review, under the standards of the Wunder-lich Act, 41 U.S.C. §§ 321, 322 (1976), of a decision by the Armed Services Board of Contract Appeals (Board). The Board denied plaintiff’s claim for a refund of $199,-236.65, withheld by the government as liquidated damages for plaintiff’s late delivery of materials under a contract to provide textile fabrics. The matter comes before the court on motions for summary judgment filed by both parties.

Both plaintiff and defendant accept the Board’s findings of fact. Plaintiff, however, challenges…