American Contractors Indemnity Co. v. United States

DYK, Circuit Judge.

American Contractors Indemnity Company (“ACIC”) filed a complaint under the Tucker Act, 28 U.S.C. § 1491(a)(1), against the United States seeking damages for an alleged breach of contract by the Small Business Administration (“SBA”). On the government’s motion, the Court of Federal Claims dismissed ACIC’s complaint for failure to state a claim upon which relief could be granted. Am. Contractors Indem. Co. v. United States, 81 Fed.Cl. 682, 693 (2008). We reverse and remand.

The question here is whether the SBA is liable under a security bond guarantee agreement. In…