Ingalls Shipbuilding, Inc. v. United States

OPINION

SMITH, Chief Judge.

This case comes before the court on plaintiff’s renewed motion for summary judgment, following the Federal Circuit’s reversal of the court’s imposition of discovery sanctions against defendant. The court must now decide, some twenty years after the inception of the contract, whether plaintiff’s claim for an equitable adjustment should be forfeited on the ground that plaintiff’s claim was fraudulent. The issues presented are: (i) whether the court may ignore the factual findings of the Armed Services Board of Contract Appeals (ASBCA), rendered after a sixty-nine day…