United States v. Renda Marine, Incorporated

This case concerned a contract between the parties where defendant was hired to dredge a portion of the Houston Ship Channel and to construct containment levees and other structures at a disposal facility for dredge material. Defendant subsequently appealed the district court's denial of its motion for partial dismissal for lack of subject matter jurisdiction and motion for partial summary judgment. Defendant also appealed the district court's grant of the government's motion for judgment on the pleadings. The court held that the government's suit to collect the money owed by defendant was timely because it was filed within six years of the contracting officer's decision; because defendant had failed to show its set-off claim "beyond peradventure," the court affirmed the district court's denial of its motion for partial summary judgment on this claim; and the district court had subject matter jurisdiction over the government's claim for repayment it had overpaid defendant and the district court properly granted judgment in the government's favor on that claim. Accordingly, the judgment of the district court was affirmed. View "United States v. Renda Marine, Incorporated" on Justia Law