United States Federal Circuit

Defendant failed to present to the contracting officer, prior to the contracting officer's settlement determination, a "claim" within the meaning of the Contract Disputes Act. Because the settlement determination was not a final decision on a submitted claim, defendant was not authorized to appeal that determination before the Armed Services Board of Contract Appeals.

Appellate Information

• Decided 01/09/2004
• Published 01/09/2004

Judges

• SCHALL, Circuit Judge., Before SCHALL, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Andrew P. Averbach, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellant.   On the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Mark A. Melnick, Assistant Director;  Christian J. Moran and Kathleen A. Kohl, Attorneys.


• For Appellees:
  
• Arlene M. Richardson, Richardson & French, L.L.C., of Hayneville, AL, for appellee.