Legal Opinion
Togo D. West, Jr., Secretary of Veterans Affairs v. All State Boiler, Inc., All State Boiler, Inc. v. Togo D. West, Jr., Secretary of Veterans Affairs
Court of Appeals for the Federal Circuit
Decided June 25, 1998No. 96-1093, 96-1094PublishedCited by 37 opinions
1Opinion of the Court
MICHEL, Circuit Judge.
This appeal and cross-appeal require us to re-examine and clarify the legal test a contractor must satisfy to recover unabsorbed overhead expenses that result from a government-caused suspension in contract performance. The government appeals the final decision by the Veterans Affairs Board of Contract Appeals (the “Board”) in All State Boiler, Inc., VABCA No. 4537 (July 6, 1995), arguing that the Board misconstrued the legal test by requiring All State Boiler, Inc. (“All State”) to show only that it would have been impractical, rather than impossible, to take on…
2Cases cited14 opinions
- Community Heating & Plumbing Company, Inc. v. Admiral Frank B. Kelso, Ii, Acting Secretary of the NavyCourt of Appeals for the Federal Circuit · 1993
- Wickham Contracting Co., Inc. v. Dennis J. Fischer, Acting Administrator, General Services AdministrationCourt of Appeals for the Federal Circuit · 1994
- Interstate General Government Contractors, Inc. v. Togo West, Secretary of the ArmyCourt of Appeals for the Federal Circuit · 1993
- Capital Electric Company v. The United StatesCourt of Appeals for the Federal Circuit · 1984
- C.B.C. Enterprises, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1992
9 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Overstreet Electric Co. v. United StatesUnited States Court of Federal Claims · 2000
- P.J. Dick Inc. v. PrincipiCourt of Appeals for the Federal Circuit · 2003
- George Sollitt Construction Co. v. United StatesUnited States Court of Federal Claims · 2005
- Nicon, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2003
- Melka Marine, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1999
32 more not listed; retrieve them via the Exa API.