Deponte Investments, Inc. v. United States

54 Fed. Cl. 112, 2002 U.S. Claims LEXIS 259, 2002 WL 31259507
CourtUnited States Court of Federal Claims
DecidedOctober 3, 2002
DocketNo. 02-141C
StatusPublished
Cited by17 cases

This text of 54 Fed. Cl. 112 (Deponte Investments, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deponte Investments, Inc. v. United States, 54 Fed. Cl. 112, 2002 U.S. Claims LEXIS 259, 2002 WL 31259507 (uscfc 2002).

Opinion

OPINION

WILSON, Judge.

This contract dispute is before the Court on defendant’s RCFC 12(b)(1) motion for partial dismissal for lack of jurisdiction. Defendant argues that plaintiffs failure to submit a claim requesting monetary relief to the contracting officer precludes the Court from exercising jurisdiction over plaintiffs request for damages arising from the termination of its lease for default. Plaintiff opposes the motion on the ground that the contracting officer’s final decision terminating the lease for default enables the Court to exercise jurisdiction over both its termination claim and its request for money damages. For the reasons discussed below, the Court GRANTS defendant’s partial motion to dismiss.

BACKGROUND

On August 24, 1998, the General Services Administration (GSA) awarded Lease No. GS-07-14651 (the Lease) to plaintiff for construction and leaseback of a building to .house the Social Security Administration in Gallup, New Mexico. The building was to be com[114]*114pleted within 180 days after a supplemental lease agreement incorporating a floor plan drawing was signed and delivered by defendant. In January 1999, the parties executed Supplemental Lease Agreement No. 1 incorporating the floor plan into the Lease. The execution of Agreement No. 1 established an original completion date of July 1999. Two additional supplemental Lease Agreements were negotiated by the parties extending the completion date to December 31, 2000.

GSA declined plaintiffs request for a further extension of the construction completion date. On January 12, 2001, GSA directed plaintiff to stop work on the project. On February 21, 2001, defendant wrote a letter to plaintiff terminating the Lease for default effective February 22, 2001. The letter was characterized as “the final decision of the Contracting Officer” in accordance with the Lease’s disputes clause. GSA’s letter also informed plaintiff of its right to appeal the termination decision to the General Services Board of Contract Appeals or this Court. Plaintiff subsequently filed a claim with the Board, which dismissed the claim as untimely. DePonte Investments, Inc. v. General Services Administration, GSBCA 15,601, 01-2 BCA ¶ 31,571, 2001 WL 921468. No post-termination demand for monetary compensation was made by either party prior to plaintiffs initiation of this ease before the Court of Federal Claims (CFC).

Plaintiffs complaint alleges breach of contract in the form of unlawful termination for default and seeks relief in the form of damages for breach of the lease’s termination clause, interest and attorney’s fees in an amount to be determined. As grounds for damages, plaintiff further alleges that GSA “took action in connection with unrelated lease procurements to ensure that Deponte was denied award of each of these procurements,” and that “[tjhese lost opportunities have had a significant and material impact on the business and business reputation of Deponte.” Compl. ¶ 13.

ANALYSIS

Subject matter jurisdiction is a threshold matter which must be addressed before the Court reaches the merits of the plaintiffs claims. Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 94-95, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998) (“Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the case.”). Where the Court’s jurisdiction is challenged, the nonmoving party “bears the burden of establishing subject matter jurisdiction by a preponderance of the evidence.” Reynolds v. Army and Air Force Exchange Serv., 846 F.2d 746, 748 (Fed.Cir.1988). If a motion to dismiss for lack of subject matter jurisdiction challenges the truth of the jurisdictional facts alleged in the complaint, this Court may consider relevant evidence to resolve disputed facts. Reynolds, 846 F.2d at 747; accord Thomson v. Gaskill, 315 U.S. 442, 446, 62 S.Ct. 673, 86 L.Ed. 951 (1942). In deciding a RCFC 12(b) motion to dismiss, the Court construes plaintiffs’ allegations in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). If the Court finds jurisdiction lacking as a matter of law, dismissal is required. Ex Parte McCardle, 74 U.S. (7 Wall.) 506, 514, 19 L.Ed. 264 (1868); Thoen v. United States, 765 F.2d 1110, 1116 (Fed.Cir.1985).

The Tucker Act confers jurisdiction on the Court to entertain a claim against the United States founded upon an express or implied contract. 28 U.S.C. § 1491(a)(1) (1988). The Tucker Act does not create a substantive right enforceable against the United States for money damages. United States v. Testan, 424 U.S. 392, 398, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976); United States v. Mitchell, 463 U.S. 206, 216, 103 S.Ct. 2961, 77 L.Ed.2d 580 (1983) (claimant must demonstrate that the source of substantive law relied on mandates compensation for damages). The Contract Disputes Act (CDA), 41 U.S.C. § 602(a) (1994), provides the substantive basis for a money damage claim arising from an express contract with the United States. Pursuant to the Tucker Act, the Court has authority to render judgment upon “any claim by or against, or dispute with, a contractor arising under section 10(a)(1) of the Contract Disputes Act of 1978, ... and other non-monetary disputes on which a deci[115]*115sion of the contracting officer has been issued under section 6 of the Act.” 28 U.S.C. § 1491(a)(2). The CDA applies to “any express or implied contract entered into by an executive agency.” 41 U.S.C. § 602(a).

The Court’s jurisdiction under the CDA is predicated on the contractor’s fulfillment of two fundamental requirements: the submission of a written claim to the contracting officer, § 605(a), and the agency’s issuance of a final decision, § 609(a)(3). See Rex Sys., Inc. v. Cohen, 224 F.3d 1367, 1372 (Fed.Cir.2000). Absent a final decision irom the contracting officer, the Court of Federal Claims lacks jurisdiction over a claim for compensation when, a contract is subject to the CDA. See Overall Roofing & Construction Inc. v. United States, 929 F.2d 687, 689 (Fed.Cir.1991); Sharman v. United States, 2 F.3d 1564 (Fed.Cir.1993).

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Cite This Page — Counsel Stack

Bluebook (online)
54 Fed. Cl. 112, 2002 U.S. Claims LEXIS 259, 2002 WL 31259507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deponte-investments-inc-v-united-states-uscfc-2002.