Magnus Pacific Corporation v. United States

Citations

• 133 Fed. Cl. 640
• 2017 WL 3765524

Syllabus

REPORTED OPINION. Plaintiff is AWARDED an equitable adjustment of the levee restoration contract increasing the IBWCs payment responsibility bythe total amount of $3,448,863, because plaintiff receives $597,075 on its riprap claim and $2,851,788 on its embankment fill claim. Plaintiff is AWARDED interest on $3,448,863 from June 4, 2013 until it receives payment for this judgment, at a rate determined by 41 U.S.C. § 7109(b). The government's counterclaim with respect to a slope change credit is DENIED. The IBWC shall RELEASE to plaintiff retained contract funds, withheld as a result of changes to the slope of portions the levee, in the amount of $431,056. The Clerk is directed to ENTER final judgment for plaintiff, as follows:(a) an equitable adjustment to the contract in the amount of $3,448,863, plus interest (b) the release of retained contract funds in the amount of $431,056 and, No costs. Signed by Senior Judge Lynn J. Bush.