Nelson Construction Co. v. United States

OPINION AND ORDER

SWEENEY, Judge.

Pending before the court are two motions by defendant: Motion to Dismiss Counts One and Two of Plaintiffs’ Amended Complaint, pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”), and Motion to Dismiss Count Three of Plaintiffs’ Amended Complaint, pursuant to RCFC 12(b)(1) and 12(b)(6).1 This case arises out of a contract with the Federal Highway Administration (“FHA”) entered into in April 2001 to perform work on Idaho State Highway 21 (the “Project”). Plaintiff, Nelson Construction Company (“Nelson Construction”) served…