Claude E. Atkins Enterprises, Inc. v. United States

OPINION AND ORDER

TURNER, Judge.

Plaintiff brought this action pursuant to the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (1988) (“CDA”). Defendant filed a motion to dismiss three of the four counts (Counts I, II and IV) in plaintiffs complaint for lack of jurisdiction because there was neither an actual nor a deemed final decision by the contracting officer when the complaint was filed. For the reasons that follow, defendant’s motion to dismiss counts I, II and IV should be denied.

I

On March 31, 1989, plaintiff entered a contract with defendant to build enlisted personnel housing at…