Government Contracting Database
In regard to estimated costs, the law is clear that a claimant’s damages need not be calculated with “absolute exactness or mathematical precision.” Wunderlich Contracting Co. v. U.S., 351 F.2d 956, 968 (Ct. C1. 1965) ; BPLW Architects & Engineers, Inc. v. United States, 106 Fed. Cl. 521, 545 (2012). This general rule has been stated as follows:
The ascertainment of damages, or of an equitable adjustment, is not an exact science, and where responsibility for damage is clear, it is not essential that the amount thereof be ascertainable with absolute exactness or mathematical Precision: “It is enough if the evidence adduced is sufficient to enable a court or jury to make a fair and reasonable approximation” Choctaw Transportation Co., Inc., Appellant, 16 – 1 BCA ¶ 36579 ( quoting Electronic & Missile Facilities, Inc., 416 F.2d 1345 (Ct. C1. 1969)).
Updated: July 30, 2018