Free Answer - District Court of Federal Claims - federal

Case 1:08-cv-00384-EGB

Document 7

Filed 08/27/2008

Page 1 of 7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS GLENN CONSTRUCTION CO., LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 08-384C (Judge Bruggink)

DEFENDANT'S ANSWER For its answer to the complaint, defendant admits, denies, and alleges as follows: 1. Denies the allegations contained in paragraph 1 for lack of knowledge or

information sufficient to form a belief as to their truth. 2. 3. Admits. The allegations contained in the first sentence of paragraph 3 constitute

conclusions of law to which no answer is required. The allegations contained in the second sentence of paragraph 3 constitute plaintiff's characterization of its case and conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Admits the allegations contained in the third sentence of paragraph 3. 4. 5. Admits. Admits the allegations contained in paragraph 5 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise, denies the allegations contained in paragraph 5. 6. Admits the allegations contained in paragraph 6 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise, denies the allegations contained in paragraph 6.

Case 1:08-cv-00384-EGB

Document 7

Filed 08/27/2008

Page 2 of 7

7.

Admits the allegations contained in paragraph 7 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise, denies the allegations contained in paragraph 7. 8. Admits the allegations contained in paragraph 8 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise, denies the allegations contained in paragraph 8. 9. Admits the allegation contained in paragraph 9 that plaintiff submitted a project

schedule to the Corps; the remainder of the allegations contained in paragraph 9 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 10. Admits the allegations contained in paragraph 10 to the extent supported by the

schedule cited, which is the best evidence of its contents; otherwise, denies the allegations contained in paragraph 10. 11. 12. Admits. Avers that the original contract completion date has been amended. The allegations contained in paragraph 12 constitute plaintiff's characterization of

its case and constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 13. The allegations contained in paragraph 13 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 14. The allegations contained in paragraph 14 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 15. The allegations contained in paragraph 15 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied.

-2-

Case 1:08-cv-00384-EGB

Document 7

Filed 08/27/2008

Page 3 of 7

16.

The allegations contained in paragraph 16 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 17. The allegations contained in paragraph 17 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 18. The allegations contained in paragraph 18 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 19. The allegations contained in paragraph 19 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 20. Admits the allegation contained in the first sentence of paragraph 20 that the

original contract completion date was amended to March 5, 2006; the remaining allegations contained in the first sentence of paragraph 20 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. Denies the allegations contained in the second sentence of paragraph 20. 21. Admits the allegation contained in paragraph 21 that plaintiff substantially

completed the contract on March 3, 2006; the remaining allegations contained in paragraph 21 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 22. Admits the allegation in paragraph 22 that plaintiff submitted a claim to the Corps

in May 2007, which is the best evidence of its contents; otherwise denies the remainder of the allegations contained in paragraph 22. 23. 24. Admits. Defendant's responses to paragraphs 1 through 23 of the complaint are

incorporated by reference.

-3-

Case 1:08-cv-00384-EGB

Document 7

Filed 08/27/2008

Page 4 of 7

25.

The allegations contained in paragraph 25 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 26. The allegations contained in paragraph 26 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 27. The allegations contained in paragraph 27 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 28. The allegations contained in paragraph 28 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. The allegations contained in the unnumbered paragraph following paragraph 28 constitute conclusions of law, to which no answer is required; to the extent they may be deemed allegations of fact, they are denied. 29. Defendant's responses to paragraphs 1 through 29 of the complaint are

incorporated by reference. 30. The allegations contained in paragraph 30 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 31. The allegations contained in paragraph 31 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 32. The allegations contained in paragraph 32 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 33. The allegations contained in paragraph 33 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 34. The allegations contained in paragraph 34 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied.

-4-

Case 1:08-cv-00384-EGB

Document 7

Filed 08/27/2008

Page 5 of 7

35.

The allegations contained in paragraph 35 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 36. The allegations contained in paragraph 36 constitute conclusions of law, to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 37. Defendant denies each and every other allegation not previously admitted or

otherwise qualified. 38. Defendant denies that plaintiff is entitled to the relief set forth in the prayers for

relief immediately following paragraphs 28 and 35, or to any relief whatsoever.

-5-

Case 1:08-cv-00384-EGB

Document 7

Filed 08/27/2008

Page 6 of 7

WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed with prejudice, and grant defendant such other and further relief as the Court may deem just and proper. Respectfully submitted,

GREGORY G. KATSAS Assistant Attorney General

JEANNE E. DAVIDSON Director

s/Brian M. Simkin BRIAN M. SIMKIN Assistant Director

OF COUNSEL: DAVID C. BRASFIELD, JR. Assistant District Counsel U.S. Army Corps of Engineers Mobile District P.O. Box 2288 Mobile, Alabama 36628-0001 August 27, 2008

s/Douglas G. Edelschick DOUGLAS G. EDELSCHICK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-9303 Attorneys for Defendant

-6-

Case 1:08-cv-00384-EGB

Document 7

Filed 08/27/2008

Page 7 of 7

CERTIFICATE OF SERVICE I hereby certify that on August 27, 2008, a copy of foregoing "DEFENDANT'S ANSWER" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Douglas G. Edelschick

-7-