Summit Contractors v. United States

OPINION

FUTEY, Judge.

This contract action is before the court on “Defendant’s Motion to Dismiss, or in the alternative, for Summary Judgment.” The motion asserts that plaintiffs claim is barred by the statute of limitations pursuant to 41 U.S.C. § 609(a)(3) (1982), of the Contract Disputes Act, which provides for a 12 month period in which to appeal to the Claims Court from a final decision of the contracting officer. Plaintiff avers that the action is timely because the statute of limitations did not begin to run until receipt of the contracting officer’s decision upon reconsideration. For…