Zafer Construction Co. v. Army Corps of Engineers

Gov. Contract

Question(s) Presented

1. “It is historically known that unlike private construction agreements, government contracts are unfairly onerous in favor of the Government and contractors must look to the courts for the correct and just application of this specialized and not commonly practiced part of the law. In direct conflict to this Court’s precedent set forth in Hollerbach v. United States, 233 U.S. 165, 34 S. Ct. 553 (U.S. April 6, 1914), the lower court misapplied the law relating to reliance on incorrect drawings and representations of the Government. Misapplying controlling precedent of this Court, the District Court allowed the government to reap the benefit of a mistaken bid arising out of errors in drawings provided by the Government. Does the law allow the government to reap the benefit of a contractor’s mistaken bid when the mistake was caused by incorrect drawings provided by the Government?” 2. “There is an inter-circuit split on an issue of serious importance. This is the application of C.F.R. 14.407-3. and the Government’s requirement to verify a bid from a contractor and notify the contractor of the potential mistake when the Government is or should have been aware of a mistaken bid. This Court should decide the issue so the law is applied consistently for future parties. The 9th Circuit case of Sulzer Bingham Pumps, Inc. v. Lockheed Missiles & Space Co. is directly on point to the present facts and is unlike any case relied upon in the Court of Appeals for the Federal Circuit. Contrary to the direct precedent, should the Government be allowed to benefit from mistaken bids when the Government does not comply with C.F.R 14.407-3 requiring verification of the bid by the Government?”

Posts About this Case

Proceedings and Orders
August 28, 2019
Motion to extend the time to file a response is granted and the time is extended to and including October 3, 2019.
October 23, 2019
DISTRIBUTED for Conference of 11/8/2019.
November 12, 2019
Petition DENIED.