Ervin & Associates, Inc. v. United States

OPINION

MILLER, Judge.

This case is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction.1 The issues to be decided are (1) whether plaintiffs’ claims are barred by the Contract Disputes Act of 1978, 41 U.S.C.A. §§ 601-613 (West 1987 & Supp. 1999); (2) whether plaintiffs’ claims are barred by 28 U.S.C. § 1500 (1994); (3) whether, in the absence of jurisdiction over their initially asserted claims, plaintiffs may add new claims, thereby conferring jurisdiction; (4) whether plaintiffs have asserted valid Fifth Amendment taking claims; (5) whether plaintiffs…