Massman Construction Co.

"This contract case comes before the court on defendant’s motion for summary judgment. The petition alleges that defendant has breached its implied obligation to render a prompt decision on a claim for an equitable adjustment under a contract.

*441"After an adverse decision of the contracting officer on June 19, 1975, plaintiff filed its notice of appeal with the Corps of Engineers Board of Contract Appeals on July 9, 1975. Plaintiff did not file its complaint with the board until November 19, 1977. In the interim, plaintiff made several attempts to have the Corps’ division counsel settle the…