Molony & Rubien Constr. Co., 219 Ct. Cl. 616 (Ct. Cl. 1979). · Go Syfert
Molony & Rubien Constr. Co., 219 Ct. Cl. 616 (Ct. Cl. 1979). Cases Citing This Book View Copy Cite
27 citation events (6 in the last 25 years) across 5 distinct courts.
Strongest positive: Fry v. United States (uscfc, 2006-08-11)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited "see" Fry v. United States
Fed. Cl. · 2006 · signal: see · confidence high
See Wozniak v. United States, 618 F.2d 119 (Ct.Cl.1979) (holding that even in a pro se tax suit a timely claim for refund must be filed to invoke the court’s jurisdiction).
cited Cited "see" Laningham v. United States
Ct. Cl. · 1984 · signal: see · confidence high
See Stuart v. United States, 219 Ct.Cl. 565, 569 , 618 F.2d 119 (1979); Goutos v. United States, 212 Ct.Cl. 95, 98 , 552 F.2d 922 (1976).
discussed Cited "see" City of Alexandria v. United States
Ct. Cl. · 1983 · signal: see · confidence high
That the offer was not accepted by the authorized signature defeated a claim based on express contract. 210 Ct.Cl. at 608 , 537 F.2d at 481-82 ; see Kellerblock v. United States, 219 Ct.Cl. 608, 611 , 618 F.2d 119 (1979).
discussed Cited "see, e.g." Hill v. United States
Fed. Cl. · 2014 · signal: see also · confidence low
Nevertheless, while the court may excuse ambiguities in a pro se plaintiffs complaint, the court “does not excuse [a complaint’s] failures.” Henke v. United States, 60 F.3d 795, 799 (Fed.Cir.1995); see also Wozniak v. United States, 219 Ct.Cl. 580, 581 , 618 F.2d 119 (1979) (holding that even in a pro se tax suit a timely claim for refund must be filed to invoke the court’s jurisdiction).
discussed Cited "see, e.g." Duda v. United States
Fed. Cl. · 2007 · signal: see also · confidence low
Nevertheless, “‘[t]his latitude ... does not relieve a pro se plaintiff from meeting jurisdictional requirements.’ ” Skillo v. United States, 68 Fed.Cl. 734, 739 (2005) (quoting Bernard v. United States, 59 Fed.Cl. 497, 499 (2004), aff'd, 98 Fed.Appx. 860 (Fed.Cir.2004)); see also Wozniak v. United States, 219 Ct.Cl. 580 , 618 F.2d 119 (1979) (holding that even in a pro se tax suit a timely claim for refund must be filed to invoke the court’s jurisdiction).
Retrieving the full opinion text from the archive…
Molony & Rubien Construction Co.
No. 379-77.
United States Court of Claims.
Feb 2, 1979.
219 Ct. Cl. 616
Z. Hershel Smith, attorney of record for plaintiff. Smith & Smith, Inc., of counsel., Lynn J. Bush with whom was Assistant Attorney General Barbara Allen Babcock, for defendant.
Bennett, Nichols, Smith.
Published

This case is before the court on cross-motions for summary judgment. It is a Wunderlich review case (41 U.S.C. § 321) and the trial judge has certified under our Rule 166(b) that the dispute involves only questions of law. The decision of the Armed Services Board of Contract Appeals, Appeal of Molony & Rubien Construction Co., ASBCA No. 20652, 76-2 BCA If 11,977 (1976), denied claimant, a construction contractor, an additional equitable adjustment for increased overhead costs resulting from the government’s 29 change orders. At the time the change[*617] orders were negotiated, the claimant asked for and was allowed equitable adjustments including overhead of 10 percent for labor and 5 percent for material and equipment, using a standard claim form the government provided. It told the board that these percentages were insufficient. The original contract signed by the parties contained a waiver and release clause as then usual, under which a contractor was deemed to waive any right to increases in the amount of equitable adjustment for any change order not set forth in the claim. The ASBCA held that the waiver and release clause barred entitlement to any additional compensation for the work performed by plaintiff.

This court, on consideration of the record and the briefs and arguments of counsel, determines that the said board decision is not arbitrary or capricious, is not contrary to law, is supported by substantial evidence, and it is therefore binding on the parties here. We adopt the opinion of the board as our opinion, but without printing the same among our opinions as it is published already and readily accessible.

Accordingly, the plaintiffs motion for summary judgment is denied, the defendant’s motion for summary judgment is granted, and the petition is dismissed.