Penberthy Electromelt International Inc. v. United States

OPINION

BRUGGINK, Judge.

This is an action brought pursuant to the Contract Disputes Act, 41 U.S.C. §§ 601-13 (1982). Plaintiff seeks additional sums under its contract with the Department of Energy (“DOE”). The DOE in turn has counterclaimed. After trial of the action and consideration of post trial briefing, the court finds that each party is entitled to relief on part of its claim.

I. Factual Background

Penberthy Electromelt International, Inc. (“PEI”) is a Seattle, Washington, corporation engaged primarily in the manufacture of glass smelting furnaces. The president of PEI is H. Larry…