Daly Construction, Inc. v. H. Lawrence Garrett, Iii, Secretary of the Navy

PAULINE NEWMAN, Circuit Judge.

Daly Construction, Inc. appeals the decision of the Armed Services Board of Contract Appeals, 1 denying Daly’s claims arising from a government-caused delay of 518 days in contract performance, due to a defective specification. The Board held that Daly was not entitled to recover extended overhead for the period of the delay. We affirm.

A. The Negotiations

The 518 days were consumed after the discovery by Daly that the government’s specification for a transformer was defective, and represents the time spent in remedying the defect, and in obtaining the requisite…