Riley & Ephriam Construction Co. v. United States

OPINION

BASKIR, Judge.

We hereby GRANT Defendant’s Motion for Summary Judgment and dismiss Plaintiffs Complaint. We find that Plaintiff received the contracting officer’s (CO) final decision via fax on November 27, 2001, and via certified letter to its Post Office (PO) box on November 30, 2001. Plaintiffs instant action, filed in January of 2003, is thus time-barred by the Contract Dispute Act’s (CDA) 12-month statute of limitations.

BACKGROUND

As demonstrated by the parties’ briefs and confirmed by counsel during oral argument, the facts giving rise to this jurisdictional issue are undisputed.…