Guide to Young-Montenay, Inc. v. U.S., 15 F.3d 1040 (Fed.Cir. 1994)
Young-Montenay, sought to recover costs incurred because of alleged government-caused delays on a boiler renovation project for the Department of Veterans Affairs ("VA"). On October 27, 1982, Young-Montenay entered into a contract with the VA to perform certain renovations to boiler equipment, instrumentation and controls at the VA Medical Center in Kerrville, Texas. This dispute arises over a purchase order for a new "burner package" for the VA Medical Center provided by Keeler Door-Oliver Burner Company ("Keeler") to Young-Montenay. Young-Montenay submitted to Keeler a purchase order for the burner package at a price of $104,000.00. Keeler issued its original invoice in the amount of $104,000.00. Subsequently, a dispute arose between Young-Montenay and Keeler as to whether the burner package supplied by Keeler was a complete package in accordance with the plans and specifications and whether Young-Montenay would eventually owe Keeler $153,000.00. As a result of the dispute, Young-Montenay altered the original invoice by deleting $104,000.00 from the bill and substituting $153,000.00. Upon denial of its claims by the contracting officer, Young-Montenay sought relief from the United States Court of Federal Claims. In an amended answer, the government raised a special plea in fraud pursuant to 28 U.S.C. § 2514, and asserted counterclaims based upon the False Claims Act, 31 U.S.C. § 3729, and the Contract Disputes Act, 41 U.S.C. § 601 et seq. (1993). On January 6, 1993, the court granted the government's motion for summary judgment on its special plea in fraud and on both counterclaims. Young-Montenay, Inc. v. United States, Order No. 90-3862C. The court awarded treble damages in the amount of $147,000.00 and a statutory penalty of $5,000.00, pursuant to 31 U.S.C. § 3729. Young-Montenay now appeals the summary judgment, merits on all three claims. We affirm the judgment in its entirety.
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