ASTRO-SPACE LABORATORIES, INC. v. THE UNITED STATES, 200 Ct. Cl. 282

Summary

Plaintiff contractor sought review, in accordance with the Wunderlich Act, 41 U.S.C.S. §§ 321 and 322 of the decision of the board upholding defendant government's termination of a fixed-price contract for default. The instant court denied plaintiff's motion for summary judgment and granted defendant's cross-motion for summary judgment and held that plaintiff failed to timely deliver certain items it agreed by contract to deliver. Plaintiff claimed the contract was ambiguous and impossible to perform. The court held that the contract was not ambiguous since the term in dispute had a well-established meaning within the industry. Moreover, plaintiff failed to prove that it relied on its claimed interpretation of the allegedly ambiguous term. Finally, the contract was not impossible to perform based on evidence of performance by other contractors relative to the exact same contract specifications. The court also granted defendant's first counterclaim for reprocurement of items for which ...