Warchol Construction Co. v. United States

OPINION

LYDON, Judge:

This direct access government contract case is before the court on defendant’s mo*385tion for summary judgment. Defendant seeks to dismiss plaintiff’s complaint for damages, based on differing site conditions and improper assessment of liquidated damages on the ground that plaintiff failed to properly certify these claims to the contracting officer as required by the Contract Disputes Act, 41 U.S.C. Sec. 605(c)(1) (Supp. II, 1978). Plaintiff, in answer to defendant’s motion, argues that the certification requirement, supra, does not apply under the circumstances of this case,…