E.I. Du Pont De Nemours & Co. v. United States

OPINION

HODGES, Judge.

The President of the United States asked E.I. Du Pont De Nemours and Company (DuPont) to perform a vital service in 1950: *636to design, construct, and operate a facility for nuclear production for the nation’s defense program. DuPont’s response was the Savannah River Plant near Aiken, South Carolina.

For various reasons, plaintiff did not want to make a profit from the Savannah River project, but it did not want to bear any losses either. The result was an unusual contract whereby the United States agreed to indemnify DuPont from virtually all costs and expenses of the…