National Surety Corp. v. United States

OPINION

ROBINSON, Judge.

This case is before the court on defendant’s motion to dismiss, pursuant to RUSCC 12(b)(1), for lack of subject matter jurisdiction. Defendant contends that plaintiff, National Surety Corporation (National), did not properly certify its claim to the contracting officer in accordance with the requirements of the Contract Disputes Act of 1978 (CDA), and therefore this court lacks subject matter jurisdiction. National argues that Jon Elmgren, Senior Surety Claims Specialist for Fireman’s Fund Insurance Company (Fireman’s Fund), properly certified its claim. Oral argument…