Thomas E. White, Secretary of the Army v. Delta Construction International, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
FRIEDMAN, Senior Circuit Judge.
In this appeal the government challenges the theory upon which the Armed Services Board of Contract Appeals (“Board”) determined the damages resulting from the government’s breach of a contractual provision obligating the government to provide a contractor with work of a specified minimum dollar amount. The Board awarded the contractor the difference between the dollar amount of work the government actually ordered and the total minimum dollar amount the contract obligated the government to order. We conclude that this was an impermissible basis for calculating…
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