National Contracting Company, Ltd v. Kellogg, Brown & Root International, Inc.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-20765
NATIONAL CONTRACTING COMPANY, LTD
Plaintiff - Appellant
v.
KELLOGG, BROWN & ROOT INTERNATIONAL, INC.
Defendant - Appellee
Appeal from the United States District Court
for the Southern District of Texas, Houston
No. 4:06-CV-2942
Before HIGGINBOTHAM, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
We have carefully reviewed the record and considered the briefs of the
parties and argument of counsel. Essentially for the reasons stated by the
district court in its careful Memorandum Opinion and Order of February 6,
2007, we agree with that court that Change Order 10 to the contract between the
parties is unambiguous and precludes appellant’s claim for lease payments after
appellant is notified that a leased asset has been lost or destroyed.
United States Court of Appeals
Fifth Circuit
F I L E D
July 22, 2008
Charles R. Fulbruge III
Clerk

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No. 07-20765
2
We also agree with the district court’s analysis rejecting appellant’s
alternative claim based on fraudulent inducement, mutual mistake and breach
of the duty of good faith and fair dealing. Finally, the equitable adjustment
issue raised by appellant is without merit.
We, therefore, AFFIRM the judgment of the district court.
AFFIRMED.

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