Free Answer - District Court of Federal Claims - federal

Case 1:04-cv-00471-EJD

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Filed 05/20/2004

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

No. 04-471C (Judge Damich)

DEFENDANT'S ANSWER For its answer to the complaint, defendant, the United States, admits, denies, and alleges as follows: 1. The allegations contained 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. Denies the allegations contained in paragraph 2 for lack

of knowledge or information sufficient to form a belief as to their truth. 3. Admits that the defendant is the United States; the

reminder of the allegations contained in paragraph 3 are 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. Admits the allegations contained in the first and second The allegations contained in the third

sentences of paragraph 4.

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sentence of paragraph 4 are 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. Admits the

allegations contained in the fourth sentence of paragraph 4. 5. 6. Admits. Admits the allegations contained in paragraph 6 to the

extent supported by the contract cited, which is the best evidence of its contents; otherwise, denies the allegations contained in paragraph 6. 7. Admits the allegations contained in the first sentence

of paragraph 7 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise, denies the allegations contained in the first sentence of paragraph 7. Denies the allegations contained in the second sentence of paragraph 7. 8. 9. 10. Denies. Denies. Admits the allegations contained in the first sentence

of paragraph 10 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise, denies the allegations contained in the first sentence of paragraph 10. Denies the allegations contained in the second sentence of paragraph 10. -2-

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11.

Denies the allegations contained in the first sentence Admits the allegations contained in the second

of paragraph 11.

sentence of paragraph 11 to the extent supported by the contract cited, which is the best evidence of its contents; otherwise, denies the allegations contained in the second sentence of paragraph 11. Denies the allegations contained in the third sentence of paragraph 11. The allegations contained in the

fourth sentence of paragraph 11 are 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. Denies the

allegations contained in the fifth and sixth sentences of paragraph 11. The allegations contained in the seventh sentence

of paragraph 11 are 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. Admits the allegations contained in the first, second

and third sentences of paragraph 12 to the extent supported by the contract and modification cited, which are the best evidence of their contents; otherwise, denies the allegations contained in the first, second and third sentences of paragraph 12. Denies

the allegations contained in the fourth sentence of paragraph 12. 13. 14. Denies. The allegations contained in paragraph 14 are -3-

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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, except admits that pay estimate 22 for the period from September 1, 2002 through September 30, 2002 indicates that 91 per cent of the bid items had been completed, 85 per cent of the performance time had elapsed, and the remark column stated "progress satisfactory." 15. The allegations contained in the first and second

sentences of paragraph 15 are 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, except admits that plaintiff made certain statements questioning the safety of the dam. Denies the allegations contained in the third and fourth

sentences of paragraph 15. 16. The allegations contained in the first sentence of

paragraph 16 are 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, except admits that a consultant alleged "a longitudinal crack was noted in the embankment immediately upstream of the SAF outlet. This crack

could be an indication of soft material in the foundation in the vicinity of the principal spillway." Denies the allegations

contained in the second and third sentences of paragraph 16. -4-

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17. 18. 19.

Denies. Denies. The allegations contained in paragraph 19 are

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. 20. The allegations contained in paragraph 20 are

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. 21. The allegations contained in paragraph 21 are

plaintiff's characterization of its case and conclusions of law to which no response is required; to the extent they may be deemed allegations of fact, they are denied. 22. Denies that plaintiff is entitled to the relief set

forth in the prayer for relief set forth in paragraph 22, or to any relief whatsoever. 23. Denies that plaintiff is entitled to the relief set

forth in the prayer for relief set forth in paragraph 23, or to any relief whatsoever.

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24.

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/Bryant G. Snee BRYANT G. SNEE Assistant Director S/ James W. Poirier JAMES W. POIRIER Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St, N.W Washington, D.C. 20530 Tele: 202-307-6289 Fax: 202-514-6979 May 20, 2004 Attorneys for Defendant

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CERTIFICATE OF FILING I hereby certify that on May 20, 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/ James W. Poirier Parties