Legal Opinion

Fraser Construction Company v. United States

Court of Appeals for the Federal Circuit

Decided September 27, 2004No. 03-5155PublishedCited by 19 opinions

1Opinion of the Court

BRYSON, Circuit Judge.

In this government contract case, the contractor seeks damages based on a claim of constructive acceleration. Following a trial, the Court of Federal Claims ruled that the contractor had failed to prove that the government constructively accelerated its performance. Fraser Const. Co. v. United States, 57 Fed. Cl. 56 (2003). Because the trial court’s decision is based on factual findings that have not been shown to be clearly erroneous, we affirm.

I

In 1993, the Army Corps of Engineers was engaged in a flood control project on the South Fork Zumbro River in Rochester,…

2Cases cited4 opinions

  1. Norair Engineering Corp. v. United StatesUnited States Court of Claims · 1981
  2. Olin Mathieson Chemical Corp. v. United StatesUnited States Court of Claims · 1967
  3. Fraser Construction Co. v. United StatesUnited States Court of Federal Claims · 2003
  4. Fermont Division, Dynamics Corp. of AmericaUnited States Court of Claims · 1978

3Cited by19 opinions

  1. Starr International Company v. United StatesCourt of Appeals for the Federal Circuit · 2017
  2. George Sollitt Construction Co. v. United StatesUnited States Court of Federal Claims · 2005
  3. Zafer Taahhut Insaat Ve Ticaret A.S. v. United StatesCourt of Appeals for the Federal Circuit · 2016
  4. Armour of America v. United StatesUnited States Court of Federal Claims · 2011
  5. Murdock & Sons Construction, Inc. v. Goheen General Construction, Inc.Court of Appeals for the Seventh Circuit · 2006

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