Counsel representing Boeing found themselves in the Eleventh Circuit courtroom on Tuesday, trying to refute a rival aircraft company’s allegations of unjust enrichment. These allegations have spun up amid an ongoing dispute over a U.S. Air Force contract. The rival company is claiming that certain underhanded bidding tactics employed by Boeing have unjustly enriched the company.
At the heart of this argument is whether certain contract language precludes the rival company’s ability to claim damages. Specifically, the language in question appears to waive any claims for damages that could potentially be rooted in Boeing’s tactics. As Boeing’s counsel argues, this waiver should shut down any claims of unjust enrichment related to the contract dispute.
However, the presiding Eleventh Circuit panel, as of this writing, has not fully weighed in on whether Boeing’s interpretation of the contract language holds water. The outcome of this argument may well set a precedent for how contract language governs disputes in the fiercely competitive world of aircraft contracts.
For more detailed information regarding these legal arguments and their implications, the full proceedings of the Eleventh Circuit can be accessed here.