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eBook details

• Title: Heyl & Patterson Inc. v. O'Keefe
• Author : United States Court of Appeals for the Federal Circuit
• Release Date : January 12, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

MICHEL, Circuit Judge. Heyl & Patterson, Inc. appeals two decisions of the Armed Services Board of Contract Appeals (the Board). In its first decision, dated April 17, 1991, the Board held that it lacked jurisdiction over Heyl & Patterson's November 21, 1989 claim because the claim was not properly certified as required by the Contract Disputes Act (CDA), 41 U.S.C. § 605(c)(1) (1988). Heyl & Patterson, Inc., ASBCA Nos. 40604 & 42589, 91-2 BCA P 23,972 (1991) (""Heyl I""). In its second decision, dated July 31, 1991, the Board held than Heyl & Patterson's earlier submissions dated November 3, 1987, January 28, 1988, and March 23, 1988, were not ""claims"" within the meaning of the CDA because the amounts asserted were not in dispute at the time the submissions were made. Heyl & Patterson, Inc., ASBCA Nos. 40604 & 42589, 91-3 BCA P 24,233 (1991) (""Heyl II""). We affirm Heyl II but reverse and remand Heyl I for adjudication on the merits of the November 21, 1989 claim. The language of the November 21, 1989 certification satisfies the substantial compliance test set forth in United States v. General Elec. Corp., 727 F.2d 1567, 1569 (Fed. Cir. 1984), and therefore, the certification met the requirements of section 605(c) and the Board does have jurisdiction over the claim. Because the Board's finding that the amounts asserted in the earlier submissions were not in dispute is supported by substantial evidence, the earlier submissions were not claims and were properly dismissed.

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