Witherington Construction Corp. v. United States
United States Court of Federal Claims
1Opinion of the Court
OPINION
ALLEGRA, Judge.
This government contract suit is before the court on the defendant’s motion to dismiss the monetary portions of Count 1 of the plaintiffs amended complaint due to an alleged failure to comply with the Contract Disputes Act (CDA), 41 U.S.C. § 701 et seq. After carefully reviewing the submissions of the parties, and following oral argument, the court GRANTS defendant’s motion, dismissing, without prejudice, the monetary claims contained in Count 1 of the amended complaint.
I. Facts
This case arises out of a contract between the Witherington Construction Company…
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