Paul E. Lehman, Inc. v. United States

The question before us, raised by defendant’s motion for summary judgment, is whether under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (Supp. Ill 1979),1 a contractor may obtain in this court direct judicial review of a contracting officer’s decision, where (1) the contract was entered into before the effective date of the Act, (2) the contractor filed his claim after the effective date, (3) the contractor did not certify its claim, as the Act requires, but (4) the contracting officer entertained the claim and decided the merits. We hold that the contractor’s failure to certify…