CBCA 4829

DISMISSED FOR LACK OF JURISDICTION: July 24, 2015 CBCA 4829 UNITED VETERANS CONSTRUCTION, LLC, Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Respondent. George S. Hammer, President of United Veterans Construction, LLC, Samson, AL, appearing for Appellant. Brian R. Reed, Chicago Office of Regional Counsel, Department of Veterans Affairs, Charleston, IL, counsel for Respondent. Before Board Judges VERGILIO, DRUMMOND and ZISCHKAU. VERGILIO, Board Judge. United Veterans Construction, LLC (contractor) filed an appeal at the Board concerning its requests for equitable adjustment under its contract, VA69D-C-1722, with the Department of Veterans Affairs (agency). The agency has moved to dismiss for lack of jurisdiction, contending that although the contractor presented requests for equitable adjustment it failed to present a claim to the contracting officer. The agency concluded that the contractor was entitled to some but not all of the requested relief. The agency wrote to the contractor that it could file a claim should it disagree with the proposed resolution. The contractor did not file a claim with the agency. In response, the contractor does not object to the requested dismissal for lack of jurisdiction. CBCA 4829 2 Accordingly, the Board does not reach the merits of the appeal; instead, the appeal is DISMISSED FOR LACK OF JURISDICTION. ____________________________ JOSEPH A. VERGILIO Board Judge We concur: ____________________________ ____________________________ JEROME M. DRUMMOND JONATHAN D. ZISCHKAU Board Judge Board Judge