Free Answer - District Court of Federal Claims - federal

Case 1:04-cv-00711-CCM

Document 8

Filed 08/05/2004

Page 1 of 8

IN THE UNITED STATES COURT OF FEDERAL CLAIMS DAFNA CONSTRUCTION CO., LTD., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 04-711C (Judge C. Miller)

DEFENDANT'S ANSWER For its answer to the complaint, defendant, the United States, admits, denies, and alleges as follows: 1. The allegations in paragraph 1 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 2. The allegations in paragraph 2 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 3. Denies the allegations in paragraph 3 for lack of

knowledge or information sufficient to form a belief as to their truth. 4. 5. Admits. The allegations in paragraph 5 are conclusions of law

and plaintiff's characterization of its case to which no response

Case 1:04-cv-00711-CCM

Document 8

Filed 08/05/2004

Page 2 of 8

is required; to the extent they may be deemed allegations of fact, they are denied. 6. The allegations in paragraph 6 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 7. Admits the allegations in paragraph 7 to the extent

supported by contract number V10N3C-119, which is the best evidence of its contents; otherwise denies the allegations in paragraph 7. 8. Admits the allegations in paragraph 8 to the extent

supported by the Government's acceptance letter to plaintiff dated August 31, 2000, and signed by plaintiff on September 15, 2000, which is the best evidence of its contents; otherwise denies the allegations in paragraph 8. 9. Admits the allegations in paragraph 9 to the extent

that a meeting was held on February 5, 2001, and to the extent supported by the Government's "Notice to Proceed" letter to plaintiff dated February 5, 2001, which is the best evidence of its contents; otherwise denies the allegations in paragraph 9. 10. Denies.

2

Case 1:04-cv-00711-CCM

Document 8

Filed 08/05/2004

Page 3 of 8

11.

The allegations in paragraph 11 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 12. The allegations in paragraph 12 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, admits the allegations in paragraph 12 to the extent supported by plaintiff's letter to the Government dated January 21, 2004, and plaintiff's letter to the Government dated February 17, 2004, which are the best evidence of their contents; otherwise denies the allegations in paragraph 12. 13. The allegations in paragraph 13 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, admits the allegations to the extent support by the Contract Disputes Act, 41 U.S.C. § 605, which statute is the best evidence of its contents; otherwise denies the allegations in paragraph 13. 14. The allegations in paragraph 14 are conclusions of law

and plaintiff's characterization of its case to which no response

3

Case 1:04-cv-00711-CCM

Document 8

Filed 08/05/2004

Page 4 of 8

is required; to the extent they may be deemed allegations of fact, they are denied. 15. responses. 16. The allegations in paragraph 16 are conclusions of law Defendant incorporates by reference the foregoing

and plaintiff's characterization of its case to which no reply is necessary; to the extent they may be deemed allegations of fact, they are denied. 17. The allegations in paragraph 17 are conclusions of law

and plaintiff's characterization of its case to which no reply is necessary; to the extent they may be deemed allegations of fact, they are denied. 18. The allegations in paragraph 18 are conclusions of law

and plaintiff's characterization of its case to which no reply is necessary; to the extent they may be deemed allegations of fact, they are denied. 19. responses. 20. The allegations in paragraph 20 are conclusions of law Defendant incorporates by reference the foregoing

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied.

4

Case 1:04-cv-00711-CCM

Document 8

Filed 08/05/2004

Page 5 of 8

21.

The allegations in paragraph 21 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 22. The allegations in paragraph 22 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 23. responses. 24. The allegations in paragraph 24 are conclusions of law Defendant incorporates by reference the foregoing

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 25. The allegations in paragraph 25 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 26. The allegations in paragraph 26 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied.

5

Case 1:04-cv-00711-CCM

Document 8

Filed 08/05/2004

Page 6 of 8

27. responses. 28.

Defendant incorporates by reference the foregoing

The allegations in paragraph 28 are conclusions of law

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 29. responses. 30. The allegations in paragraph 30 are conclusions of law Defendant incorporates by reference the foregoing

and plaintiff's characterization of its case to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 31. Denies that plaintiff is entitled to the relief

requested in the "Prayer for Relief" following paragraph 30, or to any relief whatsoever. 32. 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.

6

Case 1:04-cv-00711-CCM

Document 8

Filed 08/05/2004

Page 7 of 8

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

S/ KATHRYN A. BLEECKER KATHRYN A. BLEECKER Assistant Director

Of Counsel: KENNETH B. MACKENZIE Attorney Office of General Counsel Department of Veterans Affairs Washington, D.C. 20420 Tele: (202) 273-8612 Fax: (202) 273-9384

S/ KELLY B. BLANK KELLY B. BLANK Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L St, N.W Washington, D.C. 20530 Tele: (202) 307-1011 Fax: (202) 514-8624 Attorneys for Defendant

August 5, 2004

7

Case 1:04-cv-00711-CCM

Document 8

Filed 08/05/2004

Page 8 of 8

CERTIFICATE OF FILING I hereby certify that on August 5, 2004, 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. may access this filing through the Court's system. /s/ KELLY B. BLANK Parties