Lockheed Martin Ir Imaging Systems, Inc. v. Togo D. West, Jr., Secretary of the Army
Court of Appeals for the Federal Circuit
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
Lockheed Martin IR Imaging Systems, Inc. appeals from the final decision of the Armed Services Board of Contract Appeals, Loral Infrared & Imaging Systems, Inc. v. West, ASBCA No. 45744, 95-2 BCA ¶ 27,803, holding that Loral 1 is not entitled to recover certain increased costs incurred in its contract to provide certain products to the Army. We conclude that the Army constructively changed the contract by departing from its option terms, and that Loral is entitled to an appropriate adjustment. The Board’s decision as to liability is reversed; we remand for…
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