McCormick-Selph v. United States

This Wunderlich Act case presents us with the question as to what standard of proof a plaintiff must meet in proving equitable adjustment claims. Teledyne McCormick-Selph (Teledyne or plaintiff) seeks review of a recommendation of our Trial Division upholding a decision of the Armed Services Board of Contract Appeals (ASBCA or Board). The Board had denied the greater part of plaintiffs claim for an equitable adjustment allegedly resulting from defective Navy specifications. Because we disagree with the Board and find, as a matter of law, it required plaintiff to meet too high a standard of…