Insurance Co. of the West v. United States

OPINION and ORDER

BLOCK, Judge.

On August 4, 2009, plaintiff, Insurance Company of the West (“ICW”) filed this action, pursuant to the Contract Disputes Act *60(“CDA”),1 in which it seeks to appeal, as equitable subrogee and assignee of the W.R. Chavez Construction Company, Inc. (“Chavez”), a contracting officer’s final decision denying additional compensation to Chavez on its claims for delayed project completion and additional work. On December 3, 2009, defendant filed a motion to dismiss for lack of jurisdiction, pursuant to Rule of the Court of Federal Claims (“RCFC”) 12(b)(1). See Def.’s Mot.…