United States Federal Circuit

In plaintiff's breach of contract suit against the government under the Contract Disputes Act (CDA), arising from a contract awarded by the Navy to replace windows and a roof at a Naval warehouse building, decision of the United States Court of Federal Claims dismissing the complaint and grant of the government's counterclaim for liquidated damages is affirmed where: 1) the Court of Federal Claims correctly dismissed plaintiff's claim for lack of jurisdiction as plaintiff did not meet the jurisdictional prerequisites of a claim against the government for contract modification under the CDA; and 2) the grant of summary judgment to the government on its counterclaim for liquidated damages is affirmed as the court correctly held that it lacked jurisdiction over plaintiff's claim for time extensions and because plaintiff's extension claim was the only defense asserted against the government's counterclaim for liquidated damages.

Appellate Information

• Decided 06/17/2010
• Published 06/17/2010

Judges

Court

• United States Federal Circuit

Counsel