Pacord, Inc. v. United States of America a & E Industries, Inc.

Opinion by Judge DAVID R. THOMPSON; Dissent by Judge T.G. NELSON.

DAVID R. THOMPSON, Circuit Judge:

Appellant PacOrd, Inc. (“PacOrd”) provided ship repair work for the government as a subcontractor to A & E Industries (“A & E”). PacOrd contends it entered into an oral or implied-in-fact contract directly with the government in which government officials agreed to guaranty A & E’s payment to PacOrd in order to induce PacOrd to work on the project. PacOrd completed its work, the government paid A & E, but A & E did not pay PacOrd. PacOrd then sued A & E for payment under the subcontract and sued…