T. Brown Constructors, Inc. v. Federico Pena, Secretary of Transportation
Court of Appeals for the Federal Circuit
1Opinion of the Court
PLAGER, Circuit Judge.
T. Brown Constructors, Inc. (“Brown”) appeals from a decision of the Department of Transportation Board of Contract Appeals (“Board”) in DTBCA No.1986, dated August 18, 1995. We affirm-in-part and reverse-in-part.
I. BACKGROUND
On December 4,1984, Brown and the Federal Highway Administration (“FHWA” or “Government”) entered into a contract. Under the contract, Brown was required to perform grading, drainage, and asphaltic surfacing along 4.6 miles of two-lane highway on Sunspot Road in the Lincoln National Forest, near Cloudcroft, New Mexico (“Cloud-croft project”). The…
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