Walsh Construction Co. v. United States

Contract Disputes Act (“CDA”), 41 U.S.C. §§ 7101-7109;

Federal Acquisition Regulation (“FAR”), 48 C.F.R, §§ 52.223-1, 52.243-5;

Rules Of the United States Court of Federal Claims (“RCFC”) 12(b)(1), 15(a)(2); -

Tucker Act Jurisdiction, 28 U.S.C. § 1491.

MEMORANDUM OPINION DENYING THE GOVERNMENT’S MOTION TO DISMISS COUNTS I AND II OF THE AMENDED COMPLAINT AND STAYING THE CASE FOR THREE MONTHS TO AFFORD THE CONTRACTING OFFICER THE OPPORTUNITY TO CONSIDER THE MERITS OF COUNT II

BRADEN, Chief Judge.

I. FACTUAL BACKGROUND. 1

On August 17, 2012, the United States Army Corps of Engineers (the “Army Corps”)…