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Case 1:06-cv-00113-MBH

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS OAK ENVIRONMENTAL CONSULTANTS, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 06-113C (Judge Horn)

DEFENDANT'S ANSWER Defendant, the United States, for its answer to the complaint of plaintiff, Oak Environmental Consultants, Inc., 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 paragraph 3 constitute conclusions of law and

plaintiff's characterization of its case, to which no answer is required; to the extent they may be deemed allegations of fact, they are admitted to the extent supported by the statutes and claim cited, which are the best evidence of their contents; otherwise they are denied. 4. Admits the allegations contained in paragraph 4 to the extent supported by the

contract cited, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 4. 5. Admits the allegations contained in paragraph 5, to the extent supported by the

contract documents, which are the best evidence of their contents; otherwise denies the allegations contained in paragraph 5.

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6.

Admits the allegations contained in the first sentence of paragraph 6, that plaintiff

furnished payment and performance bonds; admits the remaining allegations contained in the first sentence of paragraph 6 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise denies the remaining allegations contained in the first sentence of paragraph 6. Denies the allegations contained in the second sentence of paragraph 6 for lack of knowledge or information sufficient to form a belief as to their truth. 7. Admits the allegations contained in paragraph 7 to the extent supported by the

contract documents, which is the best evidence of their contents; otherwise denies the allegations contained in paragraph 7. 8. Denies the allegations contained in paragraph 8 for lack of knowledge or

information sufficient to form a belief as to their truth. 9. Denies the allegations contained in paragraph 9, that the events described in

paragraph 9 occurred after plaintiff completed 50 percent of the contract work, for lack of knowledge or information sufficient to form a belief as to their truth; admits the remaining allegations contained in paragraph 9 to the extent supported by the written notification cited, which is the best evidence of its contents; otherwise denies the remaining allegations contained in paragraph 9. 10. Admits the allegations contained in paragraph 10, the extent supported by the

written notice cited; otherwise denies the allegations contained in paragraph 10. 11. 12. Denies. Denies.

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13.

Denies the allegations contained in paragraph 13 for lack of knowledge or

information sufficient to form a belief as to their truth 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. Admits the allegations contained in paragraph 15 to the extent supported by the

contract modification cited; otherwise denies the allegations contained in paragraph 15. 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. Denies. Defendant avers that the work performed was corrective work and that

some of the funds described by plaintiff were paid to plaintiff after plaintiff corrected omissions in certain earned value reports. 18. Denies the allegations contained in paragraph 18 for lack of knowledge or

information sufficient to form a belief as to their truth, inasmuch as plaintiff does not define what it means by "released the plaintiff's bonding obligation." 19. 20. Denies. The allegations contained in 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. 21. Admits the allegations contained in paragraph 21 to the extent supported by the

parties' partial settlement agreement regarding the termination for convenience, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 21. 22. Admits the allegations contained in the first sentence of paragraph 22, that

plaintiff filed what was purported to be a certified claim on August 26, 2005, and that a decision

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was not issued within 60 days; admits the allegations contained in the first sentence of paragraph 22, that the claim was certified, to the extent supported by the claim itself, which is the best evidence of its contents; otherwise denies those allegations; denies the remaining allegations contained in the first sentence of paragraph 22. The allegations contained in the second sentence of paragraph 22 constitute conclusions of law to which no answer is required. 23. Defendant's responses to paragraphs 1 through 22 of the complaint are

incorporated by reference. 24. The allegations contained in paragraph 24 constitute conclusions of law to which

no answer is required; to the extent they may be deemed allegations of fact, they are denied. 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. Defendant's responses to paragraphs 1 through 25 of the complaint are

incorporated by reference. 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. 29. 30. Denies. 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.

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32.

In response to the prayer for relief which follows paragraph 31 of the complaint,

denies that plaintiff is entitled to the relief requested, or to any relief whatsoever. 33. Denies each and every allegation not previously admitted or otherwise qualified.

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. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Steven J. Gillingham STEVEN J. GILLINGHAM Assistant Director s/Richard P. Schroeder RICHARD P. SCHROEDER Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Attn: Classification Unit Eighth Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Attorneys for Defendant

June 21, 2006

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CERTIFICATE OF FILING I hereby certify under penalty of perjury that, on this 21ST day of June 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. Parties may access this filing through the Court's system.

s/Richard P. Schroeder

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