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· 11/3/2004

Gordon R. England, Secretary of the Navy v. The Sherman R. Smoot Corp.

Citations

  • 388 F.3d 844
  • 2004 U.S. App. LEXIS 22968
  • 2004 WL 2453887

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that “mere grant by the government of a contract extension does not indicate that the government is at fault”
  • concluding that a rebuttable presumption that the government is at fault for delay when the government ex- tended the period of contract performance is at odds with the Contract Disputes Act
  • finding that payment of a claim after issuance of the modifications purporting to constitute an accord manifested that the parties did not construe the modifications as a release
  • “A delay in a construction contract is excusable if it arises from either the government’s action or external forces.”
  • \McMullan presumption is contrary to the CDA\

Source: CourtListener parenthetical corpus (CC0).

Judges: Lourie, Schall, Dyk

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.