# Essex Electro Engineers, Inc. v. The United States

> Court of Appeals for the Federal Circuit · March 11, 1983 · 702 F.2d 998

URL: https://www.frixlaw.com/law-library/cases/9470411

## Case

- **Full name:** ESSEX ELECTRO ENGINEERS, INC., Appellant, v. the UNITED STATES, Appellee
- **Court:** Court of Appeals for the Federal Circuit
- **Decided:** March 11, 1983
- **Citations:** 702 F.2d 998; 30 Cont. Cas. Fed. 70,904; 1983 U.S. App. LEXIS 13567
- **Precedential status:** Published
- **Opinion:** Dissent by Baldwin
- **Judges:** Baldwin, Cowen, Smith
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9470411

## How later opinions describe it (automated extraction)

- explaining that a contract provision cannot “be interpreted to override the applicable regulations”
- noting that “[t]he Contract Disputes Act applies to all contracts entered into after March 1, 1979.”
- emphasizing the court’s finding in Fidelity

## Opinion text

BALDWIN, Circuit Judge,
dissenting in part.
I dissent from the conclusion that interest runs from the date Essex certified its claim. I would instead follow the express language of the interest provision and permit contractors to collect interest from the date their claim is submitted to the contracting officer. This approach would give Essex interest from February 22, 1980, the date its claim was submitted to the contracting officer.
The majority’s opinion amends the clear language of the interest provision and brushes aside Congressional intent. My reasons for disagreeing with the majority are set forth in my dissent on this same issue in Fidelity Construction Company v. United States, 700 F.2d 1379 (C.A.Fed. 1983).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9470411. Public record. Not legal advice.