Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:05-cv-00462-LMB

Document 27

Filed 08/31/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS DICK PACIFIC/GHEMM, JV, on behalf of W.A. Botting Company, No. 05-462C Plaintiff, vs. (Judge Baskir) THE UNITED STATES, Defendant. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Dick Pacific/Ghemm, JV ("DPG"), on behalf of W.A. Botting Company ("Botting"), moves pursuant to RCFC 56 for an order granting Summary Judgment, declaring that an Equitable Price Adjustment under

FAR 52.216-4 is warranted in an amount to be quantified pursuant to the contract terms at the completion of the project, representing field labor wage escalation costs incurred by Botting, plus interest from the date of appeal. Alternatively, Botting requests the Court declare that an Economic Price Adjustment under FAR 52.216-4 is warranted in at least the amount of field labor wage escalation costs, to be quantified as outlined above, but reduced by $315,151.00, which is the amount the Government alleges Botting included in its sub-bid as a contingency for labor escalation, and

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Case 1:05-cv-00462-LMB

Document 27

Filed 08/31/2006

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further order that the issue of whether that amount was a contingency be reserved for later determination. DATED this 31st day of August, 2006. //s// ROBERT H. CRICK, ESQ WINSTON & CASHATT Attorneys for Plaintiff 1900 Bank of America Financial Center 601 West Riverside Spokane, WA 99201 (509) 838-6131 telephone (509) 838-1416 facsimile Of Counsel: PATRICK A. SULLIVAN, ESQ JOHN H. GUIN, ESQ WINSTON & CASHATT 1900 Bank of America Financial Center 601 W Riverside Ave. Spokane, WA 99201 (509) 838-6131 (509) 838-1416 facsimile ERIK D. EIKE, ESQ. 707 Richards Street, Suite 201 Honolulu, HI 96813 (808) 537-5950 (808) 537-5955 facsimile

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Case 1:05-cv-00462-LMB

Document 27

Filed 08/31/2006

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 31st day of August, 2006, a copy of the foregoing document 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// ROBERT H. CRICK 1900 Bank of America Financial Center 601 West Riverside Avenue Spokane, WA 99201 (509) 838-6131 telephone (509) 838-1416 facsimile

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