United States Court of Federal Claims
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The United States Court of Federal Claims (COFC) is a court that hears claims against the United States government. The court is established pursuant to Congress's authority under Article One of the United States Constitution. Unlike judges of courts established under Article Three of the United States Constitution, judges on the Court of Federal Claims do not have lifetime tenure. Instead, the judges serve for a term of fifteen years, and are eligible for reappointment. The judges of the court are nominated by the President and confirmed by the Senate for a term of fifteen years.
The court house of the Court of Federal Claims is situated in the Howard T. Markey National Courts Building (on Madison Place across from the White House) in Washington, D.C..
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[edit] History
The court was formed on October 1, 1982 as the United States Claims Court, a successor to the trial division of the Court of Claims. On October 28, 1992, the name of the court was changed to the United States Court of Federal Claims.[1]
[edit] Jurisdiction
The court has special jurisdiction, spelled out in : it hears claims for money that arise from the United States Constitution, federal statutes, executive regulations, or express or implied-in-fact contracts with the United States Federal Government (see the Tucker Act). The court has concurrent jurisdiction with U.S. district courts, when the claim is for less than $10,000, by the provisions of . Claims have a statute of limitations of six years from the time the claim first accrues. This limitation is strictly construed by the court.
The court has concurrent jurisdiction involving contracts with the United States Government, where a contractor has the option of choosing between filing suit with the court or with the agency Board of Contract Appeals. The general rule is that a contractor may either 1) file suit within 90 days with the agency Board of Contract Appeals or 2) file suit within one year with the court. A contractor, however, must choose which forum in which to file; a contractor cannot file suit with both the agency Board and with the court. (However, in a case where a contractor has filed with the Board, and the Government challenges the timeliness of the filing — the 90-day limit is statutory and cannot be extended — the contractor can file with the court within the one-year period to protect its claims.)
Unlike district courts, which generally only have jurisdiction over disputes in their geographic district, the COFC has jurisdiction over disputes wherever they occur in the country. To accommodate litigants, judges on the court may hold trials at local courthouses near where the disputes arise.
All trials at the court are bench trials, without juries. Because the court only hears cases against the Government, the United States is always the defendant in cases before the COFC.
The court receives a variety of claims against the Government, including breach of contract claims, illegal exaction claims, takings claims under the 5th Amendment, claims involving military pay, and protests regarding contract bidding procedures.
[edit] Appeals
Judgments of the court may be appealed to the United States Court of Appeals for the Federal Circuit.
[edit] Notes
[edit] Bibliography
- The United States Court of Federal Claims handbook and procedures manual by David B. Stinson. 2nd ed. Washington, D.C.: Bar Association of the District of Columbia, 2003.
- The United States Court of Federal Claims : a deskbook for practitioners by United States Court of Federal Claims Bar Association. 4th ed. Washington, D.C.: The Bar Association, 1998.
[edit] External links
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