Court of Appeals for the Federal Circuit March 2, 1998, 96-1147 (T. Brown Constructors, Inc. v. Federico Pena, Secretary of Transportation)

PLAGER, Circuit Judge.

T. Brown Constructors, Inc. (“Brown”) appeals from a decision of the Department of Transportation Board of Contract Appeals (“Board”) in DTBCA No.1986, dated August 18, 1995. We affirm-in-part and reverse-in-part.

I. BACKGROUND

On December 4,1984, Brown and the Federal Highway Administration (“FHWA” or “Government”) entered into a contract.