Legal Opinion

Advanced Materials, Inc. v. William J. Perry, Secretary of Defense

Court of Appeals for the Federal Circuit

Decided February 24, 1997No. 96-1028PublishedCited by 17 opinions

1Opinion of the Court

FRIEDMAN, Senior Circuit Judge.

A cost plus fixed fee government procurement contract specified the maximum amount the government would pay and provided a procedure whereby a contractor could exceed the cost limitation. The Armed Services Board of Contract Appeals held that the appellant’s failure to comply with that procedure barred it from obtaining amounts in excess of the specified maximum that it incurred in performing the contract. We affirm.

I

In April 1991, the appellant Advanced Materials, Inc. (“Advanced Materials” or “the company”) entered into a contract to design and develop…

2Cases cited3 opinions

  1. American Electronic Laboratories, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  2. General Electric Company, a Corporation v. The United StatesUnited States Court of Claims · 1971
  3. Rmi, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1986

3Cited by17 opinions

  1. Scan-Tech Security, L.P. v. United StatesUnited States Court of Federal Claims · 2000
  2. KMS Fusion, Inc. v. United StatesUnited States Court of Federal Claims · 1997
  3. Mabus v. General Dynamics C4 Systems, Inc.Court of Appeals for the Federal Circuit · 2011
  4. CJP Contractors, Inc. v. United StatesUnited States Court of Federal Claims · 1999
  5. Fluor Enterprises, Inc. v. United StatesUnited States Court of Federal Claims · 2005

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