Tuttle/White Constructors, Inc. v. United States

This Government contract case, on which we have heard oral argument, is before the court on defendant’s motion for summary judgment. We are unable to find, in the particular circumstances of this case, that plaintiff elected to proceed under the Contract Disputes Act of 1978.1 Accordingly, we grant defendant’s motion.

I

On September 28, 1977, plaintiff entered into a contract with the Department of Army Corps of Engineers for the construction of an enlisted men’s barracks complex at Fort Bragg, North Carolina. The contract (No. DACA21-77-0166) specified that a substantial portion of the…