Detroit International Bridge Co. v. United States

OPINION

BRUGGINK, Judge.

This action, brought pursuant to the Tucker Act, 28 U.S.C. § 1491 (1992), and the Contract Disputes Act of 1978 (CDA), 41 U.S.C. §§ 601-613 (1988), is before the court on the Government’s motion to dismiss. The motion is asserted under RCFC 12(b)(1), lack of subject matter jurisdiction, and RCFC 12(b)(4), failure to state a claim upon which relief can be granted. After considering the parties’ written and oral arguments, the *227court denies the motion to dismiss for lack of jurisdiction but grants dismissal for failure to state a claim.

FACTUAL BACKGROUND1

Plaintiff Detroit…