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International Tech. Corp. v. Secretary of the Navy

ELR Citation: 38 ELR 20094
Nos. No. 2007-1276, (Fed. Cir., 04/18/2008)

The Federal Circuit affirmed a lower court decision that a contractor was not entitled to an award of costs or damages in its breach of contract claim against the government concerning the treatment of contaminated soil at a U.S. Navy facility. The contractor sought to recover additional soil treatment expenses incurred by its subcontractor due to unexpectedly high concentrations of clay in the treated soil. The contractor argued that the government breached the contract by incorrectly representing the amount of clay in the contaminated soil, and that its subcontractor relied on this representation to its detriment in formulating its subcontract bid. The contractor, however, did not establish any representation in the contract documents as to the clay content of contaminated soil. Nor did it establish that it would have been reasonable for the subcontractor to rely on any such representation under the circumstances.

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