Government’s Control of a “Holding Account” May Have Turned Subcontractor into a Third Party Beneficiary of the Prime Contract; Fox Logistics and Construction Co. v. United States, COFC No. 18-1395C

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Government’s motion to dismiss subcontractor’s claims for lack of jurisdiction is stayed pending further discovery. The government alleged the COFC lacked jurisdiction because the government was not in privity with the subcontractor. But the prime contractor and government had created a holding account to pay subcontractors. As a result of this account, it was conceivable […]
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