Bowen-Mclaughlin-York Company, a Division of Harsco Corp. v. The United States

DAVIS, Circuit Judge.

The Claims Court refused to reform appellant’s Government contract, a reformation sought because of a mutual mistake in costs, on the ground that the Government had not undertaken to bear the risk of the mutual mistake the parties made. We reverse.

I

Appellant, Bowen-McLaughlin-York Company (BMY) entered (on March 31, 1977) into a letter contract with the United States Army Tank-Automotive Readiness Command of the Department of Defense (TA-COM) for production of M88A1 tracked recovery vehicles and conversion kits to modify existing M88 vehicles. This letter contract was…