Free Answer - District Court of Federal Claims - federal

Case 1:06-cv-00381-TCW

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Filed 08/24/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS TODD CONSTRUCTION COMPANY, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 06-381C (Judge Wheeler)

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 of

information sufficient to form a belief as to the truth of the matters asserted. 2. Admits the allegations contained in paragraph 2 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 2. 3. Admits the allegations contained in paragraph 3 to the extent supported by the

Task Order cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 3. 4. Admits the allegations contained in paragraph 4 to the extent supported by the

notice to proceed cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 4. 5. The allegations contained in the first sentence of paragraph 5 constitute

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 second sentence of paragraph 5. 6. Admits the allegations contained in the first sentence of paragraph 6 to the extent

supported by the contracting officer's decision. Denies the allegations contained in the second

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sentence of paragraph 6 for lack of knowledge of information sufficient to form a belief as to the truth of the matters asserted. 7. The allegation contained in paragraph 7 is plaintiff's characterization of its

complaint to which no response is required. 8. The allegations contained in paragraph 8 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 10. Denies that plaintiff is entitled to the relief set forth in the prayer for relief

immediately following paragraph 8, or to any relief whatsoever. 11. Denies each and every allegation not previously admitted or otherwise qualified. AFFIRMATIVE DEFENSES 12. On February 28, 2006, Todd Construction, in conjunction with its request for final

payment, executed a release stating: "The undersigned contractor, under above numbered contract, between the United States of America and said contractor, in accordance with paragraph (f) of the "Payments under Fixed-Price Construction Contracts" clause of said contract and upon acceptance of the final payment hereunder, hereby releases the United States, Officers, Agents, and employees from any and all claims arising under or by virtue of said contract of any modifications or change thereof except with respect to those claims, if any, listed below: (itemize claims and amounts) . . . NONE." Accordingly, plaintiff's claims have been released and are, therefore, barred.

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

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director OF COUNSEL: Henry R. Richmond Trial Attorney U.S. Army Corps of Engineers Savannah District 100 West Oglethorpe PO Box 889 Savannah, Georgia 31402 s/ Sean B. McNamara SEAN B. McNAMARA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St., NW Washington, D.C. 20530 Tele: (202) 305-7573 Fax: (202) 514-8624 Attorneys for Defendant

August 24, 2006

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CERTIFICATE OF FILING I hereby certify that on this 24th day of August, 2006, a copy of the 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. The parties may access this filing through the Court's system.

s/ Sean B. McNamara