Iconco v. Jensen Construction Co.

Iconco (plaintiff), the second-lowest bidder on a federal construction contract, sued Jensen Construction (defendant) for lost profits, alleging Jensen won the contract only by misrepresenting its eligibility for a small-business preference, and offered expert testimony from the contracting officer, Colonel Johnson, who was asked a complex hypothetical question reflecting most but not all of the evidence in the case and responded that Iconco would have won the contract but for the award to Jensen. The jury awarded Iconco damages, and Jensen appealed, arguing the hypothetical question was inadmissible because it omitted material facts.