FEDERAL CIRCUIT YEAR-IN-REVIEW 2016—KNOWLEDGE BEFORE WISDOM

• Published in: Public contract law journal 2017-04, Vol.46 (3), p.515-552
• Main Authors: Ward, Tara L., Ward, Gary S., Norwood, Kendra P., Matavich, Margaret E., Broder, Moshe B., Lasley, Cara L.
• Format: Article
• Language: English
• Subjects: Assistance animals; Breach of contract; Court hearings & proceedings; Federal court decisions; Government contracts; Helium; Judges & magistrates; Jurisdiction; Knowledge; Litigation; REAL ID Act 2005-US; State court decisions
• ISSN: 0033-3441; 2162-8181

The Federal Circuit's 2016 Key Government Contracts Cases- Knowledge Before Wisdom... "1 In 2016, as in pastyears, the U.S. Court of Appeals for the Federal Circuit heard a number of government contract cases involving a diverse set of legal issues. [...]a review of 2016 decisions shows that, more often than not, in cases involving contract claims and disputes, the Federal Circuit affirmed the decisions of the boards of contract appeals and the Court of Federal Claims (CoFC). In DG2Î, LLC v. Mabus,2 for example, the Federal Circuit agreed with the ASBCA's determination that, where a firm fixed-price contract stipulated that a pricing element was subject to prevailing market rates, the contractor bore the risk of rate fluctuations and was therefore not entitled to an equitable adjustment. In SUFI Network Services v. United States,3 the Federal Circuit affirmed the ASBCA's decision in a Wunderlich Act4 case, dismissing a government appeal of a $113 million judgment even though the underlying ASBCA decision had been altered by litigation in the federal courts. [...]in Laguna Construction Company v. Carter,5 the Federal Circuit affirmed the ASBCA's decision granting the government's motion for summary judgment on the ground that Laguna committed a prior material breach of the contract. In the first of two more traditional government contract cases, Northrop Grumman Computing Services, Inc.,6 the Federal Circuit agreed with the CoFC's determination that Northrop failed to show harm resulting from its claim that the government breached its contract Similarly, in Zafer Taahhüt Insaat ve Ticaret A. S...