Case Study: MES V. US

Law360, New York (July 12, 2011, 12:57 PM EDT) -- It is not easy to sue the federal government. From a contractual standpoint, the Contract Disputes Act generally limits the pool of potential litigants to those with whom the government is in contractual privity. See 41 U.S. 7101-09. Moreover, under the Tucker Act, contractually based claims against the government can only be brought in the Court of Federal Claims.

This legal and jurisdictional limitation has made it very difficult for sureties to take part in actions against the government, despite being vital to the completion of...
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