Todd Construction, L.P. v. United States

OPINION AND ORDER

GEORGE W. MILLER, Judge.

This case comes before the Court on defendant’s motion to dismiss the complaint for lack of subject matter jurisdiction under Court of Federal Claims Rule 12(b)(1), or in the alternative for failure to state a claim upon which relief can be granted under Rule 12(b)(6). The thorniest question framed by the parties is whether the plaintiff has submitted a “claim” within the meaning of the Contract Disputes Act of 1978 (“CDA”) to the contracting officer. As explained below, the Court concludes that the plaintiff has asserted a claim within the meaning of…