Thomas E. White, Secretary of the Army v. Edsall Construction Company, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
RADER, Circuit Judge.
Thomas E. White, Secretary of the Army, appeals the decision of the Armed Services Board of Contract Appeals (Board) holding that a disclaimer on a design drawing did not shift the risk of a design defect to Edsall Construction Company, Inc. Edsall Constructio n Co., ASBCA No. 51787, 2001 WL 583470 (May 21, 2001) (Edsall). Because the Board correctly held that the general disclaimer did not shift the risk to Edsall, this court affirms.
I
In May 1996, the U.S. Army awarded Edsall a fixed-price contract for the construction of a facility to house the Montana National Guard’s…
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