Santa Fe Engineers, Inc. v. The United States, 818 F.2d 856 (Fed. Cir. 1987). · Go Syfert
Santa Fe Engineers, Inc. v. The United States, 818 F.2d 856 (Fed. Cir. 1987). Cases Citing This Book View Copy Cite
“on appeal to the board or in a direct access action in the claims court, a contractor may increase the amount of his claim ... but may not raise any new claims not presented and certified to the contracting officer.”
89 citation events (47 in the last 25 years) across 6 distinct courts.
Strongest positive: K-Con Building Systems, Inc. v. United States (uscfc, 2017-04-18)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) K-Con Building Systems, Inc. v. United States (2×) also: Cited "see, e.g."
Fed. Cl. · 2017 · signal: accord · quote attribution · 1 verbatim quote · confidence high
on appeal to the or in a direct access action in the claims court, a contractor may increase the amount of his claim, but may not raise any new claims not presented and certified to the contracting officer.
examined Cited as authority (verbatim quote) Foley Co. v. United States
Ct. Cl. · 1992 · signal: see · quote attribution · 1 verbatim quote · confidence high
on appeal to the board or in a direct access action in the claims court, a contractor may increase the amount of his claim ... but may not raise any new claims not presented and certified to the contracting officer.
cited Cited as authority (rule) Tanana Chiefs Conference v. Azar
D.D.C. · 2022 · confidence medium
For example, a plaintiff can request greater damages than it did before the contracting officer, Santa Fe Eng’r’s, Inc. v. United States, 818 F.2d 856, 858 (Fed.
discussed Cited as authority (rule) Blanchard's Contracting, LLC (2×)
A.S.B.C.A. · 2021 · confidence medium
Santa Fe Engineers, Inc. v. United States, 818 F.2d 856, 858 (Fed.
cited Cited as authority (rule) Constellation NewEnergy, Inc.
A.S.B.C.A. · 2020 · confidence medium
Santa Fe Engineers, Inc. v. United States, 818 F.2d 856, 858 (Fed.
cited Cited as authority (rule) Btr Enterprises of Sc, LLC v. United States
Fed. Cl. · 2018 · confidence medium
Santa Fe Eng’rs v. United States, 818 F.2d 856, 859 (Fed.
discussed Cited as authority (rule) Lee's Ford Dock, Inc. v. Secretary of the Army
Fed. Cir. · 2017 · confidence medium
The government points out that, in Santa Fe Engineers, Inc. v. United States, we stated that “[o]n appeal to the Board ... a contractor ... may not raise any new claims not presented and certified to the contracting officer.” 818 F.2d 856, 858 (Fed.
discussed Cited as authority (rule) Al-Juthoor Contracting Co. v. United States
Fed. Cl. · 2016 · confidence medium
Under certain circumstances however, “on appeal .... in a direct access action in the Claims Court, a contractor may increase the amount of his claim — ” Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.
discussed Cited as authority (rule) Navajo Health Foundation-Sage Memorial Hospital, Inc. v. Burwell
D.N.M. · 2015 · confidence medium
In yet another context, a claim was determined to be new, not the same, because “a profound alteration occurred in the scope of th[e] claim,” expanding the focus on operative facts from three change orders to a “multiplicity of change orders.” Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 859 (Fed.Cir.1987).
discussed Cited as authority (rule) Affiliated Construction Group, Inc. v. United States
Fed. Cl. · 2014 · confidence medium
Santa Fe Eng’rs, Inc., v. United States, 818 F.2d 856, 858 (Fed.Cir.1987); see also Scott Timber, 333 F.3d at 1365 (“An action brought before the Court of Federal Claims under the CDA must be ‘based on the same claim previously presented to and denied by the contracting officer.’ ”) (quoting Cerberonics, Inc. v. United States, 13 Cl.Ct. 415, 417 (1987)).
discussed Cited as authority (rule) Kellogg Brown & Root Services, Inc. v. United States
Fed. Cl. · 2014 · confidence medium
In yet another context, a claim was determined to be new, not the same, because “a profound alteration occurred in the scope of th[e] claim,” expanding the focus on operative facts from three change orders to a “multiplicity of change orders.” Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 859 (Fed.Cir.1987).
discussed Cited as authority (rule) GULF GROUP GENERAL ENTERPRISES CO. W.L.L., Plaintiff, v. UNITED STATES, Defendant
Fed. Cl. · 2013 · confidence medium
A line of eases dealing with the jurisdiction of the Court of Federal Claims over a modification to a claim that already has been submitted to a contracting officer suggests that, in particular circumstances, a contractor may modify the amount of its claim as long as it does not “raise new claims not presented and certified to the contracting officer.” See, e.g., Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987) (emphasis in original) (citations omitted).
cited Cited as authority (rule) Sufi Network Services, Inc. v. United States
Fed. Cl. · 2013 · confidence medium
Id. (citing Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.
cited Cited as authority (rule) Simulation Technology, LLC v. United States
Fed. Cl. · 2012 · confidence medium
Santa Fe Eng’rs v. United States, 818 F.2d 856, 859 (Fed.Cir.1987); see A.A.B.
discussed Cited as authority (rule) Kenney Orthopedic, LLC v. United States
Fed. Cl. · 2009 · confidence medium
The United States Court of Federal Claims “does not have jurisdiction over a new claim or a claim of different scope that was not previously presented and certified to the contracting officer for decision.” Armour of Am. v. United States, 69 Fed.Cl. 587, 590 (2006) (citing Santa Fe Eng’rs v. United States, 818 F.2d 856, 859 (Fed.Cir.1987)).
discussed Cited as authority (rule) M.A. DeAtley Construction, Inc. v. United States
Fed. Cl. · 2007 · confidence medium
Accordingly, a contractor may not make a claim that was not previously presented to the CO for decision, Santa Fe Eng’r v. United States, 818 F.2d 856, 858 (Fed.Cir.1987), because the CO’s statutory purpose is “to receive and pass judgment on the contractor’s entire claim.” Scott Timber Co. v. United States, 333 F.3d 1358, 1366 (Fed.Cir.2003).
cited Cited as authority (rule) AAB Joint Venture v. United States
Fed. Cl. · 2007 · confidence medium
Santa Fe Eng’r v. United States, 818 F.2d 856, 859 (Fed.Cir.1987).
cited Cited as authority (rule) AAB Joint Venture v. United States
Fed. Cl. · 2007 · confidence medium
Santa Fe Eng’r[s] v. United States, 818 F.2d 856, 859 (Fed.Cir.1987).
cited Cited as authority (rule) Armour of America v. United States
Fed. Cl. · 2006 · confidence medium
Santa Fe Engineers v. United States, 818 F.2d 856, 859 (Fed.Cir.1987).
cited Cited as authority (rule) Peterson v. United States
Fed. Cl. · 2005 · confidence medium
Santa Fe Eng’r v. United States, 818 F.2d 856, 859 (Fed.Cir.1987).
cited Cited as authority (rule) AAB Joint Venture v. United States
Fed. Cl. · 2005 · confidence medium
Santa Fe Eng’r v. United States, 818 F.2d 856, 859 (Fed.Cir. 1987).
cited Cited as authority (rule) AAB Joint Venture v. United States
Fed. Cl. · 2005 · confidence medium
Santa Fe Eng’r v. United States, 818 F.2d 856, 859 (Fed.Cir.1987).
discussed Cited as authority (rule) Modeer v. United States (2×) also: Cited "see, e.g."
Fed. Cl. · 2005 · confidence medium
As discussed supra, an increase in the quantum of a claim after it has been presented to the contracting officer may in some circumstances be permitted, but the contractor “may not raise any new claims not presented and certified to the contracting officer.” Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987) (citing J.F.
discussed Cited as authority (rule) Health Insurance Plan of Greater New York, Inc. v. United States
Fed. Cl. · 2004 · confidence medium
Co., Inc. v. United States, 93 F.3d 1537, 1541-42 (Fed.Cir.1996); Reflectone, Inc. v. Dalton, 60 F.3d 1572, 1575 (Fed.Cir.1995) (en bane); Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987).
discussed Cited as authority (rule) North American Construction Corp. v. United States
Fed. Cl. · 2003 · confidence medium
In order for this court to have jurisdiction to consider plaintiffs claim that the statements by Mr. Warden demonstrate facts which would allow a commission above 10%, NACC must have submitted that claim to the CO for a final decision. 41 U.S.C. § 605 (a); Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987); Atlanta Appraisal Servs., Inc. v. United States, 54 Fed.Cl. 51, 54 (2002); J.
cited Cited as authority (rule) Croman Corp. v. United States
Fed. Cl. · 2001 · confidence medium
Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987).
discussed Cited as authority (rule) J. Cooper & Associates, Inc. v. United States (2×) also: Cited "see"
Fed. Cl. · 2000 · confidence medium
When submitting a complaint to this court, a contractor “may increase the amount of his claim ..., but may not raise any new claims not presented and certified to the contracting officer.” Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987) (citation omitted).
discussed Cited as authority (rule) Earth Burners, Inc. v. United States
Fed. Cl. · 1999 · confidence medium
The defendant contended in response that while the court has jurisdiction to consider plaintiffs argument regarding the Contracting Officer’s decision to reject plaintiffs claim for the unit price, 10 the court should not now consider any challenge to the $6,251.41 equitable adjustment because plaintiff waived its rights to challenge the amount when it failed to submit a formal “termination settlement proposal” under FAR 52.249.3. 11 See Thermo- cor, Inc. v. United States, 35 Fed.Cl. 480, 489 (1996) (after a case is properly in this court, a contractor may change the amount of its claim,…
cited Cited as authority (rule) ThermoCor, Inc. v. United States
Fed. Cl. · 1996 · confidence medium
Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir. 1987) (citing J.F.
cited Cited as authority (rule) Orbas & Associates v. United States
Fed. Cl. · 1995 · confidence medium
Santa Fe Engineers, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987).
discussed Cited as authority (rule) Santa Fe Engineers, Inc. v. The United States
Fed. Cir. · 1991 · confidence medium
The Board let stand the contracting officer's decision allowing Santa Fe $166,396, which the Board said was for labor inefficiencies arising only from change CD. 1 When Santa Fe appealed to this court, we affirmed, noting that 5 [o]bviously, there was more than substantial evidence sustaining the Board's findings as to the deficiencies of Santa Fe's case before the Board on the extra costs attributable to the three specific change orders. 6 Santa Fe Engineers, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987) (emphasis added). 7 On October 27, 1987, Santa Fe filed with the contracting of…
discussed Cited as authority (rule) AAI Corp. v. United States
Ct. Cl. · 1991 · confidence medium
Nonetheless, “[o]n appeal ... in a direct access action in the Claims Court, a contractor may increase the amount of his claim ...” Santa Fe Engineers, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987).
discussed Cited as authority (rule) Spirit Leveling Contractors v. United States (2×) also: Cited "see"
Ct. Cl. · 1989 · confidence medium
The law is well settled that “in a direct access action in the Claims Court, a contractor may increase the amount of his claim, but may not raise any new claims not presented and certified to the contracting officer.” Santa Fe Eng’rs, 818 F.2d at 858 (emphasis in original) (citations omitted).
discussed Cited "see" E & E Enterprises Global, Inc. v. United States
Fed. Cl. · 2015 · signal: see · confidence high
See K-Con, 778 F.3d at 1006 (stating that presenting a "materially different factual or legal theory (e.g., breach of contract for not constructing a building on time versus breach of contract for constructing with the wrong materials) [in this court] does create a different claim [from the one submitted to the contracting officer]” (citing Santa Fe Eng'rs, Inc. v. United States, 818 F.2d 856, 858-60 (Fed.Cir.1987))). 11 .
cited Cited "see" K-Con Building Systems, Inc. v. United States
Fed. Cir. · 2015 · signal: see · confidence high
See Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858-60 (Fed.
discussed Cited "see" Manuel Bros. v. United States
Fed. Cl. · 2002 · signal: see · confidence high
See Santa Fe Eng’rs, Inc., v. United States, 818 F.2d 856, 858 (Fed.Cir.1987) ("It is now elementary that, for claims (such as those now before us) brought under the Contract Disputes Act of 1978, the claim must be in writing and submitted to the contracting officer for a decision. 41 U.S.C. § 605 (a)”) (footnote omitted); Contract Cleaning Maint., Inc. v. United States, 811 F.2d 586, 592 (Fed.Cir.1987) (“We know of no requirement in the Disputes Act that a 'claim' must be submitted in any particular form or use any particular wording.
discussed Cited "see" Hawkins & Powers Aviation, Inc. v. United States (2×)
Fed. Cl. · 2000 · signal: see · confidence high
See Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987).
discussed Cited "see" Croman Corp. v. United States (2×)
Fed. Cl. · 1999 · signal: see · confidence high
See Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987); see also Spirit Leveling, 19 Cl.Ct. at 89-90 (denying contractor recovery because claim was different than that submitted to contracting officer and thus lacked required certification).
discussed Cited "see" Metric Constructors, Inc. v. United States (2×)
Fed. Cl. · 1999 · signal: see · confidence high
See Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987); see also Orbas & Assoc. v. United States, 34 Fed.Cl. 68, 70 (1995) (denying recovery for contractor because claim was different than that submitted to contracting officer and thus lacked the required final decision); Spirit Leveling Contractors v. United States, 19 Cl.Ct. 84 (1989) (denying contractor recovery because claim was different than that submitted to contracting officer and thus lacked required submissal).
discussed Cited "see" Hamilton Securities Advisory Services, Inc. v. United States
Fed. Cl. · 1999 · signal: see · confidence high
It is undisputed that claims brought under the CDA must first be submitted in writing to the contracting officer for a final decision. 41 U.S.C. § 605 (a) (1994); see Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987); Paragon Energy Corp. v. United States, 227 Ct.Cl. 176 , 645 F.2d 966, 971 (1981).
examined Cited "see" Dodson Livestock Co. v. United States (4×)
Fed. Cl. · 1998 · signal: see · confidence high
It is undisputed that claims brought under the CDA must first be submitted in writing to the contracting officer for a final decision. 41 U.S.C. § 605 (a); see Santa Fe Eng'rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987); Paragon Energy Corp. v. United States, 227 Ct.Cl. 176 , 645 F.2d 966, 971 (Ct.Cl.1981).
cited Cited "see" Russell Corp. v. United States
Ct. Cl. · 1988 · signal: see · confidence high
See Santa Fe Engineers, Inc. v. United States, 818 F.2d 856, 859 (Fed.Cir.1987) (claim as presented controls scope of judicial proceedings).
discussed Cited "see, e.g." Benjamin Medina
A.S.B.C.A. · 2017 · signal: see also · confidence medium
See Unconventional Concepts, Inc., ASBCA No. 56065 et al., 10-1 BCA ~ 34,340 at 169,591; see also Santa Fe Engineers, Inc. v. United States, 818 F.2d 856, 859-60 (Fed.
discussed Cited "see, e.g." Monica Walker
A.S.B.C.A. · 2016 · signal: see also · confidence medium
See Unconventional Concepts, Inc., ASBCA No. 56065 et al., I 0-1 BCA ii 34,340 at 169,591; see also Santa Fe Engineers, Inc. v. United States, 818 F.2d 856, 859-60 (Fed.
discussed Cited "see, e.g." Dick Pacific/GHEMM, JV ex rel. W.A. Botting Co. v. United States
Fed. Cl. · 2009 · signal: see also · confidence medium
The factual basis for the claims are identical to the claims that were filed on August 28,1981, after being certified to the contracting officer.”); see also Santa Fe Eng’rs, Inc. v. United States, 818 F.2d 856, 858 (Fed.Cir.1987) (stating that “Lo]n appeal to the Board or in a direct access action in the [Court of Federal Claims], a contractor may increase the amount of his claim, but may not raise any new claims not presented and certified to the contracting officer”).
cited Cited "see, e.g." 25 New Chardon Street Ltd. Partnership v. United States
Ct. Cl. · 1990 · signal: see also · confidence medium
See also Santa Fe Engineers v. United States, 818 F.2d 856, 858 (Fed.Cir.1987).
Retrieving the full opinion text from the archive…
SANTA FE ENGINEERS, INC., Appellant,
v.
the UNITED STATES, Appellee
Appeal 87-1013.
Court of Appeals for the Federal Circuit.
May 13, 1987.
818 F.2d 856
Ronald E. Gilbertson, Kilcullen, Wilson & Kilcullen, of Washington, D.C., argued for appellant. With him on brief, was Walter A.I. Wilson., E. Kathleen Shahan, Commercial Litigation Branch, Dept, of Justice, of Washington, D.C., argued for appellee. With her on brief, were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson. Also on brief, was Haynes P. Haddox and Carl Platt, United States Army Corps of Engineers, Louisville, Ky., of counsel.
Rich, Davis, Smith.
Cited by 49 opinions  |  Published
DAVIS, Circuit Judge.

The questions are whether (a) appellant contractor proved (before the Armed Services Board of Contract Appeals (Board)) the amount of additional costs chargeable to three specific changes made by the Government and (b) appellant had improperly presented to the Board claims broader than the three particular claims that had been certified to the contracting officer. On each issue the Board held against the contractor. We affirm.

I.

In June 1976 Santa Fe Engineers, Inc. (Santa Fe) entered into a contract with the Government for an addition and alterations to Ireland Army Hospital, Fort Knox, Kentucky, for a lump sum price of $28,664,649. The work to be done under the contract included additions to and renovation of the existing hospital buildings, as well as additions to the parking facilities and other work at the site. The contract required completion of the work within four years from the date (July 26, 1976) Santa Fe acknowledged receipt of the Government’s notice to proceed. The work was to be done in phases and was completed in July 1981.

This case started with three changes issued by the Government, designated “AD,” “CD” and “HK.” Santa Fe ultimately certified to the contracting officer a claim for these three changes of over ten million dollars for increased impact costs due to the changes (later reduced to about five million dollars). The contracting officer allowed only slightly over $166,000 on the three claims.

Santa Fe appealed to the Board asserting that the labor impact of the three changes was far more extensive (amounting to almost five million dollars) than the contracting officer had allowed. The Board held a hearing, made extensive findings, and then determined that (1) appellant had made only a “total labor cost presentation” to the Board, acknowledging that it could not identify any particular impact associated with the three particular changes, (2) the Board thus had no basis for awarding any additional sum on any of the three specific changes before it, and (3) the Board had no jurisdiction over Santa Fe’s additional general claim for its total increase in costs because that general claim had never been presented or certified to the contracting officer. Santa Fe Engineers, Inc., ASBCA Nos. 28058 and 29362, 86-3 BCA (CCH) 1119,092 at 96,496. Petitioner’s major contention before us is that it did not urge, before the Board, any different claim than the one it had certified to the contracting officer.

II.

The record clearly sustains the Board’s determination that Santa Fe made no effort to prove the additional impact costs due to the three particular change orders appealed to the Board, but instead sought to show its total labor costs. Finding 39 finds: “Evidence was submitted by appellant to the Board as to the labor costs incurred for the entire work, and as to the amounts to be deducted from such expenditures on account of ‘bid estimate labor,’ payments made for ‘change order labor’ and ‘extended overhead labor,’ and other credits” (emphasis added). 86-3 BCA at 96,507. Above all, Santa Fe’s proposed findings of fact (before the Board) stated (under the heading “NATURE OF THE CLAIM — TOTAL JOB DISRUPTION”):

The claim of Santa Fe Engineers and its subcontractors is a total cost impact claim for a loss of labor efficiency. This is a claim which represents the total impact to the project from both Change[*858] Orders “CD” and “HK” and from the collective nature of all the problems, changes and directives that were issued on the project. (Tr. 1-140) A multiplicity of change orders were issued at Fort Knox to resolve and to correct problems, and the problems are what the claim is based on. (Tr. 11-65) Santa Fe and its subcontractors submitted a total labor cost claim for inefficiencies because there was no way to quantify the impact from any individual change on the project. (Tr. 2-135, 136, 187) (Emphasis added.)

86-3 BCA at 96,507.

Later on in its proposed findings, appellant explicitly said: “It was not possible to identify any particular impact associated with any particular change. That is why Santa Fe Engineers ended up utilizing a total labor cost approach to its impact claim.” Id.

Obviously, there was more than substantial evidence sustaining the Board’s findings as to the deficiencies of Santa Fe’s case before the Board on the extra costs attributable to the three specific change orders.

III.

The next, and more significant, issue is whether Santa Fe’s general presentation was beyond the claims certified to the contracting officer and therefore beyond the Board’s authority to consider. It is now elementary that, for claims (such as those now before us) brought under the Contract Disputes Act of 1978, [1] the claim must be in writing and submitted to the contracting officer for a decision. 41 U.S.C. § 605(a). If for more than $50,000 (like those we are now considering), the claim must also be certified. 41 U.S.C. § 605(c). “Lack of proper certification, where required, deprives the contracting officer, the board of contract appeals, and this court (on review) of jurisdiction to proceed on the claim.” Tecom, Inc. v. United States, 732 F.2d 935, 937 (Fed.Cir.1984). To the same effect are W.M. Schlosser Co. v. United States, 705 F.2d 1336, 1338-39 (Fed.Cir.1983) and United States v. Johnson Controls, Inc., 713 F.2d 1541, 1556-57 (Fed.Cir.1983). On appeal to the Board or in a direct access action in the Claims Court, a contractor may increase the amount of his claim, Te-com, 732 F.2d at 937-38, but may not raise any new claims not presented and certified to the contracting officer. J.F. Shea Co. v. United States, 4 Cl.Ct. 46, 54 (1983) (cited with approval in Tecom, supra). This is because “the certification requirement applies to submission of claims to the contracting officer____” Tecom, 732 F.2d at 937 (emphasis in original).

Here, the Board expressly found that Santa Fe had improperly urged a new claim on appeal to the Board. [2] There is ample record support for this determination. To show this support, we deal first with the claim Santa Fe actually presented to the contracting officer. That written claim (dated March 11, 1981) sought $10,-259,624.72 “for delay and impact costs emanating from Change Order Nos. 37 (“AD”) and 102 (“CD”)____” The contracting officer’s response (dated July 27, 1981) starts out by stating “you claim additional money for delay in impact costs resulting from changes ‘AD’ and ‘CD’ under the above referenced contract,” and then proceeds to set forth his view of the facts concerning those particular changes. There follows the contracting officer’s “ANALYSIS” which he commences as follows: “You contend that as a result of Changes ‘AD’ and ‘CD’, you incurred costs in the amount of[*859] $10,259,624.72,” and continues by discussing those two changes; he concludes that nothing additional is due on change “AD” and that on change “CD” only $166,396 more is due. Finally, in the “DETERMINATION” portion of his ruling the contracting officer determines that $166,396 will be paid by the Government on change “CD.”

Santa Fe appealed to the Board and initially its claim there was precisely the same type of claim as had been proffered to the contracting officer; its original complaint was specifically directed to changes “AD” and “CD” and the contracting officer’s decision of July 27, 1984 thereon (discussed immediately supra). 3 No other claims were set forth. Similarly, petitioner’s original answers (in October 1982) to the Government’s interrogatories restricted the claims to those three changes:

The disruption and interference which caused the excess labor costs involved here were rooted in two basic areas: (1) Change ‘AD’ work and impact on unchanged work, and (2) Change ‘CD’ and ‘HK’ rescheduling and acceleration. The combined effect of these three changes disrupted the entire project from the issuance of Change ‘AD’ on April 8,1977 until its completion in 1981 (emphasis in original).

Up to that point, in a word, petitioner’s claim was plainly restricted to the three particular change orders we have mentioned (“CD,” “AD,” “HK”) and to those change orders alone. [4]

There followed a period of litigation as to whether Santa Fe had properly certified its claim. In its preliminary opinion of July 31, 1984, the Board decided that the first appeal was inadequate because the certification outstanding at that time had been made only by counsel, not by the company itself. However, the Board ruled (in the same opinion) that the proper certification had been made in Santa Fe’s later answers (October 1982) to the Government’s interrogatories, and on that basis sustained Board jurisdiction over that certified claim. [5]

When proceedings resumed before the Board on the merits of Santa Fe’s certified claim, a profound alteration occurred in the scope of that claim. As we have already indicated (in Part I, supra ), in its proposed findings of fact submitted to the Board with respect to the hearing, Santa Fe now characterized its claim as “total job disruption” and declared explicitly that its claim represented not only the total impact from change orders “CD” and “HK” but also expressly added: “and from the collective nature of all the problems, changes and directives issued on the project____ A multiplicity of change orders were issued at Fort Knox to resolve and to correct problems, and the problems are what the claim is based on” (emphasis added). This addition of a claim arising “from the collective nature of all the problems, changes and directives that were issued on the project” was entirely new and had never been presented to the contracting officer, or certified to him.

The hearing record shows that Santa Fe strenuously sought to prove this new and additional claim before the Board. Not only did petitioner’s representatives attribute the claim it was now making before the Board to the collective nature of all changes or the multiplicity of change orders or design difficulties unrelated to those three particular change orders on which its original claim was grounded, but such unrelated problems (e.g., the “attic[*860] space” and “duct work” problems) were directly brought out as part of petitioner’s claim.

The upshot is that we have no basis for overturning the Board’s decision that Santa Fe’s claim for the additional costs attributable to “all the problems, changes and directives that were issued on the project” was not properly before the Board because not a claim previously certified to the contracting officer.

IV.

For these reasons, we affirm the Board’s determinations (1) that Santa Fe had proved no additional costs with respect to changes “AD,” “CD” and “HK”, and accordingly that Santa Fe was entitled only to the $166,396 awarded it by the contracting officer on those claims, and (2) dismissing all of Santa Fe’s other claims argued before the Board. [6]

AFFIRMED.

1

. When it appealed to the Board, Santa Fe elected to proceed under the Contract Disputes Act.

2

. The Board opinion said:

It is quite evident, as strenuously asserted by the Government, that the claim developed by appellant before the Board was essentially different from the claims presented by it to the contracting officer as to which the subject appeals were taken.
The claims before the contracting officer pertained only to the amount of additional compensation, if any, to which appellant was entitled for changes ‘AD’, ‘CD’ and ‘HK.’ They did not include one for ‘all the problems, changes and directives that were issued on the project,’ as was presented to the Board (finding 40).

86-3 BCA at 96,508.

3

. Paragraph 11 of that complaint alleged: "Appellant has estimated that the scheduling changes made in 'CD', in conjunction with the extra work required by 'AD’, caused substantial losses of efficiency and required extra supervision to be employed, and has claimed those costs as an equitable adjustment for those changes.”

4

. Before us, Santa Fe points out that its submission of October 1982 (accepted by the Board as a proper certification, see infra ) referred to the total contract delay. But this was plainly done in connection with the asserted impact of specific changes "AD”, “CD” and "HK” — not (as later argued, see infra ) as due to "the collective nature of all the problems, changes and directives on the project.”

5

The issue of whether that October 1982 certification was valid is not before us.

6

. It is unnecessary for us to reach or consider the Government’s alternative argument that all of petitioner's claims are barred by accord and satisfaction.