Dawco Construction, Inc. v. United States

ORDER

MOODY R. TIDWELL, III, Judge:

Defendant moved to dismiss the complaint on the grounds that plaintiff’s claim for equitable adjustment under a contract with the Department of the Navy was time barred by the 12-month statute of limitations contained in the Contract Disputes Act of 1978, 41 u.S.C. § 609(a)(3). That Act requires the contracting officer, upon receipt of a properly certified claim over $50,000 to issue a decision within 60 days or tell plaintiff when the decision will be answered, provided however, that if the contracting officer fails to render a decision within the required…