Legal Opinion

Capital Electric Company v. The United States

Court of Appeals for the Federal Circuit

Decided February 7, 1984No. 83-965PublishedCited by 69 opinions

1Opinion of the Court

JACK R. MILLER, Circuit Judge.

This appeal essentially involves the question of whether, as a matter of law, Capital Electric Company (“Capital”) was entitled, under the suspension of work clause of its contract with the Government, to recover damages for extended overhead and to calculate those damages according to the so-called Eichleay formula (Eichleay Corp., ASBCA No. 5183, 60-2 BCA ¶ 2688 (1960), aff'd on recon., 61-1 BCA ¶ 2894).1 It was stipulated that there were 303 days of compensable delay due to the fault of the Government. The General Services Board of Contract Appeals (“board”)…

2Cases cited6 opinions

  1. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  2. South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
  3. J. D. Hedin Construction Company, Inc., for Its Own Use and for the Use of Fischbach & Moore, Its Sub-Contractor v. The United StatesUnited States Court of Claims · 1965
  4. Brand Inv. Co. v. United StatesUnited States Court of Claims · 1944
  5. Fred R. Comb Co. v. United StatesUnited States Court of Claims · 1945

1 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. Community Heating & Plumbing Company, Inc. v. Admiral Frank B. Kelso, Ii, Acting Secretary of the NavyCourt of Appeals for the Federal Circuit · 1993
  2. Chilton Insurance Co. v. Pate & Pate Enterprises, Inc., Texas Court of Appeals, 4th District (San Antonio)1996
  3. Overstreet Electric Co. v. United StatesUnited States Court of Federal Claims · 2000
  4. Miller Elevator Co. v. United StatesUnited States Court of Federal Claims · 1994
  5. Wickham Contracting Co., Inc. v. Dennis J. Fischer, Acting Administrator, General Services AdministrationCourt of Appeals for the Federal Circuit · 1994

64 more not listed; retrieve them via the Exa API.

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