Dismissal of Breach of Contract Suit Against the Government Upheld - Federal Circuit
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Dismissal of Breach of Contract Suit Against the Government Upheld

M. Maropakis Carpentry, Inc. v. US, No. 09-5024, concerned a challenge to the decision of the United States Court of Federal Claims dismissing plaintiff's breach of contract suit against the government under the Contract Disputes Act (CDA) and granting the government's counterclaim for liquidated damages, arising from a contract awarded by the Navy to replace windows and a roof at a Naval warehouse building.

In affirming the judgment, the court held that the Court of Federal Claims correctly dismissed plaintiff's claim for lack of jurisdiction as plaintiff did not meet the jurisdictional prerequisites of a claim against the government for contract modification under the CDA.  The court also affirmed the grant of summary judgment to the government on its counterclaim for liquidated damages as the court correctly held that it lacked jurisdiction over plaintiff's claim for time extensions and because plaintiff's extension claim was the only defense asserted against the government's counterclaim for liquidated damages.     

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