57224

Utility Construction Company, Inc.

October 27, 2010Judge Stempler
Denied / Government PrevailedCDA Jurisdiction

Utility Construction Company, Inc. appealed a government motion to dismiss for lack of jurisdiction, claiming its submission met the requirements for a sum certain. The Board denied the motion, affirming jurisdiction over the appeal.

Material Facts

  • On 29 September 2009, U.S. Army Corps of Engineers, Los Angeles District, awarded the captioned contract to Utility Construction Company, Inc. (UCCI) for a water treatment facility in Phoenix, Arizona.
  • By date of 4 January 2010, UCCI submitted a certified claim.
  • The government filed the instant motion, seeking a dismissal for lack of jurisdiction, alleging that appellant’s claim did not state a sum certain.

Parties

Appellant
Utility Construction Company, Inc.
Respondent Agency
U.S. Army Engineer District, Los Angeles
Contracting Agency
U.S. Army Corps of Engineers
Contract Number
W912PL-07-D-0044
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