Kiewit/Tulsa-Houston v. United States

OPINION

LYDON, Senior Judge:

Counts I, II, III, V, VII, VIH and IX of Kiewit/Tulsa-Houston, A Joint Venture’s complaint are before the court on defendant’s Motion to Dismiss.1 The issue for decision is whether plaintiff properly certified its complaint pursuant to section 605(c)(1) of the Contract Disputes Act of 1978 (CDA), 41 U.S.C. § 601 et seq. Plaintiff opposes defendant’s Motion to Dismiss. After consideration of the parties submissions and after oral argument held December 20, 1991, the court grants defendant’s Motion to Dismiss.

*112FACTS

Kiewit Industrial Co., a Nebraska corporation, and…