Legal Opinion
H.T. Johnson, Acting Secretary of the Navy v. All-State Construction, Inc.
Court of Appeals for the Federal Circuit
Decided May 21, 2003No. 02-1442PublishedCited by 21 opinions
1Opinion of the Court
DYK, Circuit Judge.
The Secretary of the Navy (“the Navy”) appeals the decision of the Armed Services Board of Contract Appeals (“Board”) in favor of All-State Construction (“All-State” or “the contractor”). All-State Constr., Inc., ASBCA No. 50,586, 02-1 B.C.A. (CCH) ¶ 31,794, at 157,019-21 (Feb. 21, 2002). This case presents the question of whether the Navy was entitled to withhold progress payments from All-State. The Navy offers two justifications for the withholding: (1) that the government is entitled to withhold progress payments when a default termination is imminent; and (2) that the…
2Cases cited15 opinions
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- United States v. Munsey Trust Co.Supreme Court of the United States · 1947
- Beta Systems, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1988
- Gratiot v. United StatesSupreme Court of the United States · 1841
- Applied Companies v. United StatesCourt of Appeals for the Federal Circuit · 1998
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3Cited by21 opinions
- United States v. Gilbert Crow Eagle, Jr.Court of Appeals for the Eighth Circuit · 2013
- Les Brownlee, Acting Secretary of the Army v. DyncorpCourt of Appeals for the Federal Circuit · 2003
- United States Surety Co. v. United StatesUnited States Court of Federal Claims · 2008
- Meridian Engineering Company v. United StatesCourt of Appeals for the Federal Circuit · 2018
- Raytheon Co. v. United StatesUnited States Court of Federal Claims · 2012
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