Charles G. Williams Construction, Inc. v. Thomas E. White, Secretary of the Army

FRIEDMAN, Senior Circuit Judge.

The question in this case, here for a second time, is whether the Armed Services Board of Contract Appeals (“Board”) correctly held that a government contractor had failed to prove an essential element of its claim for so-called Eichleay damages covering its unabsorbed home office overhead costs during a period of government-caused delay in contract performance. In the prior appeal, we vacated the Board’s earlier decision denying Ei-chleay damages because the Board had not adequately addressed the issue, and remanded for further Board proceedings. On the remand,…