223 Ct. Cl. 702 | Ct. Cl. | 1980
Contracts; trial de novo; cardinal change; overrun; termination for convenience; equitable adjustment; limitation of cost clause; termination costs; equitable distribution.— Plaintiff seeks Wunderlich Act review of a decision of the Armed Services Board of Contract Appeals (72-1 BCA If 9304), denying plaintiffs claims for an equitable adjustment, a cost overrun, and termination costs. Plaintiff also seeks relief outside the Act for an alleged breach of contract. Plaintiff and defendant entered into a cost-plus-incentive-fee contract for the design, development and fabrication of 25,000 XM43 anti-personnel mines and 6,250 subpacks (into which the mines were placed). The parties entered into a contract modification calling for plaintiff to produce double LAOD mines as well as the single LAOD type, the original cost limit being preserved; adjustments were made in the contract quantities and the period for