Free Answer - District Court of Federal Claims - federal

Case 1:05-cv-00373-MCW

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

No. 05-373C (Judge Mary Ellen Coster Williams)

DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT For its answer to the complaint, defendant admits, denies and alleges as follows: 1. Admits the allegation contained in paragraph 1 that Manhattan Construction Company has a place of business at 8550 Arlington Boulevard, Suite 204, Fairfax, Virginia 22031; denies the remaining allegations contained in paragraph 1 for lack of knowledge or information sufficient to form a belief as to their truth. 2. 3. Admits the allegation contained in paragraph 2. The allegation contained in paragraph 3 constitutes a conclusion of law to which no answer is required; to the extent it is deemed an allegation of fact, it is denied. 4. Admits the allegations contained in paragraph 4 to the extent supported by the referenced

document, 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 referenced

document, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 5.

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6.

Admits the allegations contained in paragraph 6 to the extent supported by the referenced

document, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 6. 7. Admits the allegations contained in paragraph 7 to the extent supported by the referenced

document, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 7. 8. Admits the allegations contained in paragraph 8 to the extent supported by the referenced

document, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 8. 9. 10. Denies the allegations contained in paragraph 9. Denies the allegations contained in paragraph 10 for lack of knowledge or information sufficient to form a belief as to their truth. 11. Admits the allegations contained in paragraph 11 to the extent supported by the referenced document, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 11. 12. The allegation contained in paragraph 12 constitutes a conclusion of law to which no answer is required; to the extent it is deemed an allegation of fact, it is denied. 13. Admits the allegations contained in paragraph 13 to the extent supported by the referenced

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document, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 13. 14. Admits the allegations contained in paragraph 14 to the extent supported by the referenced document, which is the best evidence of its contents; otherwise denies the allegations contained in paragraph 14. 15. The allegation contained in paragraph 15 constitutes a conclusion of law to which no answer is required; to the extent it is deemed an allegation of fact, it is denied. 16. 17. Denies the allegation contained in paragraph 16. Defendant incorporates by reference its responses contained in paragraphs 1 through 16 of its answer as though fully set forth herein. 18. The allegations contained in paragraph 18 constitute conclusions of law to which no answer is required; to the extent they are deemed allegations of fact, they are denied. 19. 20. 21. 22. 23. Denies the allegation contained in paragraph 19. Denies the allegation contained in paragraph 20. Denies the allegation contained in paragraph 21. Denies the allegation contained in paragraph 22. Defendant incorporates by reference its responses contained in paragraphs 1 through 22 of its answer as though fully set forth herein.

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24. 25. 26.

Denies the allegation contained in paragraph 24. Denies the allegation contained in paragraph 25. The allegations contained in paragraph 26 constitute conclusions of law to which no answer is

required; to the extent they are deemed allegations of fact, they are denied. 27. Admits that the allegation contained in paragraph 27 that the Government refused to provide an equitable adjustment; denies the remaining allegations contained in paragraph 27. 28. Defendant denies the plaintiff is entitled to the relief set forth in the prayer for relief

immediately following paragraph 27, or to any relief whatsoever. 29. Defendant denies each and every allegation not previously admitted or denied.

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/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/ Leslie Cayer Ohta

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LESLIE CAYER OHTA Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street NW Attn: Classification Unit, 8th Floor Washington, D.C. 20530 May 13, 2005 Attorneys for Defendant