Charles G. Williams Construction, Inc. v. Thomas E. White, Secretary of the Army

FRIEDMAN, Senior Circuit Judge.

In determining a government contractor’s damages where the government has caused delay in the performance of the contract, one problem is determining what portion of the contractor’s home office overhead costs during the delay period is properly chargeable to the contract involved. The so-called Eichleay damages involve a formula by which to calculate the government’s liability for the contractor’s unabsorbed office overhead.

In this case the Armed Services Board of Contract Appeals (“Board”) rejected the appellant contractor’s claim for Eichleay damages. It…