White Buffalo Construction, Inc. v. United States

PROST, Circuit Judge.

White Buffalo Construction, Inc. (“White Buffalo”) appeals from final judgment of the United States Court of Federal Claims disposing of all claims in consolidated case nos. 99-CV-961 (the “1999 Case”), 00-CV-415 (the “2000 Case”), and 07-CV-738 (the “2007 Case”). White Buffalo Const., Inc. v. United States, 101 Fed.Cl. 1 (2011). We affirm in part and vacate in part and remand as detailed below.

Baokground

The Federal Highway Administration (“FHA”) contracted with White Buffalo to repair damaged roads in the Sikiyou National Forest in the fall of 1998. On December 1, 1998,…