Melvin Wilner, D/B/A Wilner Construction Company v. United States

Today the court has taken a significant step, overruling fifty years of precedent, abolishing the rule on evidentiary admissions seriously unquestioned until now, and agreeing with the government’s position against contractors doing business with the government. The majority’s stated reason for this position is that it is mandated by the Contract Disputes Act (CDA) of 1978, 41 U.S.C. §§ 605(a), 609(a)(3) (1988), which requires any appeal to the United States Court of Federal Claims (Claims Court)1 to proceed de novo without binding reference to evidence produced before the agency board or a…