Not a Lexis Advance subscriber? Try it out for free.

Weaver-Bailey Contractors, Inc. v. United States

United States Claims Court

December 2, 1991, Filed

No. 137 - 87C


 [*577] OPINION

SMITH, Chief Judge

Weaver-Bailey Contractors, Inc., seeks an award of its attorneys' fees and expenses in the amount of $ 55,226.10 under the Equal Access to Justice Act (EAJA), 28 U.S.C.A. § 2412 (1988). For the reasons set forth below, the court finds Weaver-Bailey is entitled to recover $ 41,744.69 under the EAJA.


The relevant facts are set forth in an earlier published opinion, Weaver-Bailey Contractors, Inc. v. The United States, 19 Cl. Ct. 474 (1990), and are repeated only to the extent necessary here. In July, 1984, Weaver-Bailey and the government entered into a contract for the improvement of the recreation area surrounding Arcadia Lake in Edmond, Oklahoma. Most of the job consisted of earthwork, such as cutting slopes and filling in low areas. The project [**2]  was delayed when it was discovered that the United States Corps of Engineers (Corps) significantly underestimated the unclassified excavation 1 necessary to complete the earthwork.

The case came before the court as a direct access appeal from the contracting officer's denial of Weaver-Bailey's rest for an equitable adjustment. The central issue in litigation was which party was responsible for the delay in contract completion. The court found that the government was solely responsible for the delay in performance of the contract due to the Corps' underestimation of the amount of unclassified excavation for the job. On February 9, 1990, a judgment in the amount of $ 469,041.00, with interest under the Contract Disputes Act, was entered in favor of Weaver-Bailey.

Defendant filed a Motion for Reconsideration on March 5, 1990, which was denied on April 17, 1990. Defendant then appealed to the United States Court of Appeals for the Federal Circuit. On October 2, 1990, the defendant's appeal was dismissed.  [**3]  Weaver-Bailey then filed its application for attorney's fees and other expenses under EAJA.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

24 Cl. Ct. 576 *; 1991 U.S. Cl. Ct. LEXIS 557 **; 37 Cont. Cas. Fed. (CCH) P76,227



costs, attorney's fees, excavation, substantial justification, expenses, unclassified, cost of living, completion, contractor, rip-rap, winter, copying, path, entitled to recover, underestimation, prevailing, earthwork, postage

Civil Procedure, Attorney Fees & Expenses, Basis of Recovery, Statutory Awards, Remedies, Costs & Attorney Fees, General Overview, Criminal Law & Procedure, Trials, Burdens of Proof, Prosecution, Public Contracts Law, Contract Terminations, Damages, Costs