Perry-McCall Construction, Inc. v. United States

OPINION

FIRESTONE, Judge.

This matter is before the court on the parties’ cross motions for summary judgment. Plaintiff, Perry-McCall Construction, Inc. (“Perry-McCall”), brings this suit on behalf of its subcontractor, Qualico Steel Co. (“Qualico”), to recover from the government excess costs Qualico incurred in obtaining certain materials in connection with Perry-McCall’s contract with the Department of the Navy for construction of an airplane hangar and parking apron.

The threshold issue before the court is whether this case is barred by the Severn doctrine because, following initiation of…