Arthur Venneri Co.

Court of Claims

Arthur Venneri Co.

192 Ct. Cl. 955, 1970 U.S. Ct. Cl. LEXIS 196, 1970 WL 3612

CourtUnited States Court of Claims

DecidedJune 16, 1970

DocketNo. 48-67

StatusPublished

This text of 192 Ct. Cl. 955 (Arthur Venneri Co.) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arthur Venneri Co., 192 Ct. Cl. 955, 1970 U.S. Ct. Cl. LEXIS 196, 1970 WL 3612 (cc 1970).

Pincite

Opinion

Contracts; exhaustion of administrative remedies. — Plaintiff contracted with the Federal Aviation Agency for the construction of an Air Boute Traffic Control Center. Plaintiff alleges it incurred additional expense and damages due to a changed condition at the contract performance site; it notified the contracting officer who made a final decision on the additional compensation due plaintiff, from which decision plaintiff appealed to the Federal Aviation Agency Contract Appeals Panel. The appeal is still pending. This case comes before the court on defendant’s motion to dismiss without prejudice plaintiff’s petition filed in this court seeking an equitable adjustment due to the changed condition. Upon consideration of the motion, together with plaintiff’s response thereto, without oral argument, on the basis of the order entered by this court on February 19,1970, in Western Elec. Co. v. United States, Ct. Cl. No. 434-66, and the decision of this court in Zidell v. United States, ante at 331, on June 16, 1970, the court granted defendant’s motion and dismissed plaintiff’s petition without prejudice.

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Contracts; exhaustion of administrative remedies. — Plaintiff contracted with the Federal Aviation Agency for the construction of an Air Boute Traffic Control Center. Plaintiff alleges it incurred additional expense and damages due to a changed condition at the contract performance site; it notified the contracting officer who made a final decision on the additional compensation due plaintiff, from which decision plaintiff appealed to the Federal Aviation Agency Contract Appeals Panel. The appeal is still pending. This case comes before the court on defendant’s motion to dismiss without prejudice plaintiff’s petition filed in this court seeking an equitable adjustment due to the changed condition. Upon consideration of the motion, together with plaintiff’s response thereto, without oral argument, on the basis of the order entered by this court on February 19,1970, in Western Elec. Co. v. United States, Ct. Cl. No. 434-66, and the decision of this court in Zidell v. United States, ante at 331, on June 16, 1970, the court granted defendant’s motion and dismissed plaintiff’s petition without prejudice.

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Bluebook (online)

192 Ct. Cl. 955, 1970 U.S. Ct. Cl. LEXIS 196, 1970 WL 3612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-venneri-co-cc-1970.