Placeway Construction Corp. v. United States

OPINION

LYDON, Senior Judge:

This action under the Contract Disputes Act of 1978, Pub.L. No. 95-563, 92 Stat. 2383, 2385-88 (1978) (codified at 41 U.S.C. *161§ 605(c)(1), 609(a)(1) (1982)) (the CDA), comes before the court on defendant’s motion to dismiss plaintiff’s complaint, because plaintiff failed to obtain certification and/or a final decision from the contracting officer (CO) as specified by the CDA, for claims it presented to the contracting officer, and now seeks to litigate in this court.

Plaintiff opposes defendant’s motion, contending that, under the circumstances of this case,…