Tri-m Builders, Appellant, v. the United States, Appellee, 861 F.2d 729 (Fed. Cir. 1988)

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U.S. Court of Appeals for the Federal Circuit - 861 F.2d 729 (Fed. Cir. 1988) Sept. 26, 1988

Before FRIEDMAN, PAULINE NEWMAN and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.


Tri-M Builders, Inc. (Tri-M) appeals the decision of the Board of Contract Appeals of the United States Department of Agriculture (Board), AGBCA Nos. 83-225-1, 83-234-1 and 84-261-1, holding that Tri-M failed to perform its contract with the United States and that the United States did not fail to mitigate its damages in electing to construct a new foundation rather than repairing the defects in the previously constructed foundation. We affirm on the basis of the Board's opinion.