Legal Opinion

Tidewater Contractors, Inc. v. United States

United States Court of Federal Claims

Decided March 30, 2017No. 13-600CPublishedCited by 1 opinion

1Opinion of the Court

RCFC 56; Summary Judgment; No Genuine Issue of Material Fact; Contract Interpretation; Parole Evidence; Binding Agency Directive; Course of Dealing; Common Trade Practice

OPINION AND ORDER

SWEENEY, Judge

In this case, plaintiff Tidewater Contractors, Inc. claims that the United States Department of Transportation’s Federal Highway Administration (“FHWA”) breached an express road construction contract with plaintiff by improperly withholding payments. The crux of the ease concerns the FHWA’s verification of plaintiffs test results regarding the density of its superpave hot asphalt concrete…

2Cases cited64 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Marbury v. MadisonSupreme Court of the United States · 1803
  5. Gould, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1991

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3Cited by1 opinion

  1. Yee v. United StatesUnited States Court of Federal Claims · 2017

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