American Contractors Indemnity Co. v. United States

OPINION AND ORDER

SWEENEY, Judge.

Before the court is defendant’s Motion to Dismiss. Defendant argues that plaintiff, American Contractors Indemnity Company (“ACIC”), fails to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”) because it did not obtain prior written approval from the Small Business Administration (“SBA”) for an increase in a Surety Bond Guarantee Agreement (“Guarantee Agreement”) between plaintiff and the SBA, as required by the applicable regulation. Def.’s Mot. Dismiss (“Def.’s Mot.”) 1.…