T. Brown Constructors, Inc. v. Federico Pena, Secretary of Transportation

How courts have described this case

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

• holding “[t]he Board’s denial of the delay claim was correct” because “the [g]overnment was not the proximate cause of [plaintiff’s] delay[; r]ather, the Board found that [plaintiff] itself was responsible for its own delay”
• requiring proof of the government’s erroneous representation as an element of a misrepresentation claim
• common law inaccurate representation claim requires showing that “contractor honestly and reasonably relied on” government’s inaccurate representation
• “A contractor can recover damages under a contract for a misrepresentation by the Government in the contract documents.”
• “[T]he existence of prejudice resulting from the dilatory notice usually serves to increase the burden of persuasion facing the contractor asserting its claim for equitable adjustment rather than to bar its claim entirely.”
• “A misrepresentation is material if it would be likely to induce a reasonable person to manifest his assent, or if the maker knows that it would be likely to induce the recipient to do so.”

Source: CourtListener parenthetical corpus (CC0).