Court of Federal Claims Attorneys
The Court of Federal Claims has nationwide jurisdiction over monetary claims against the federal government under the Tucker Act and a long list of subject-specific statutes. The attorneys at Rosenberger + Kawabata handle government contract disputes, bid protests, takings claims, and other monetary claims against the United States.
Federal Claims We Handle
Our federal claims practice includes:
Government Contract Disputes. Claims under the Contract Disputes Act for breach, payment, equitable adjustment, terminations for convenience, terminations for default, and government changes.
Bid Protests. Pre-award and post-award challenges to federal contract awards under 28 U.S.C. § 1491(b). We represent disappointed offerors challenging unsupported evaluations, latent ambiguities in solicitations, organizational conflicts of interest, and improper sole-source justifications. We also represent awardees as intervenors defending awards against protest.
Fifth Amendment Takings. Inverse condemnation and regulatory takings claims against the federal government for property impacts caused by federal action: flooding from federal water management, regulatory restrictions on land use, physical occupations, and other diminutions in property value attributable to federal conduct.
Tax Refund Suits. Refund litigation against the United States for individual and business taxpayers after administrative refund claims are denied or treated as such by the IRS.
Patent Infringement by the Government. Claims under 28 U.S.C. § 1498(a) for unauthorized use or manufacture of patented inventions by or for the United States. The government’s sovereign immunity bars suit in district court, and § 1498 channels these claims to the Court of Federal Claims as the exclusive forum for compensation.
Other Monetary Claims. Illegal exactions, statutory entitlement claims, military and civilian pay disputes, and other claims founded on the Constitution, an Act of Congress, an executive department regulation, or an express or implied contract with the United States.
Why Clients Choose Rosenberger + Kawabata
Court of Federal Claims practice is technical. Jurisdiction is statute-by-statute. The Rules of the Court of Federal Claims (RCFC) parallel the Federal Rules but diverge in important places. Threshold issues are case-dispositive when missed: identifying a money-mandating source for Tucker Act jurisdiction, satisfying the Contract Disputes Act’s certification and presentment requirements, exhausting administrative remedies, and meeting the six-year statute of limitations under 28 U.S.C. § 2501. We treat those threshold issues as the first phase of every matter, not an afterthought.
The same attorneys handle the matter from intake through judgment. Federal claims work rewards continuity. The lawyer who learns the administrative record at intake is the one best positioned to try the case.
FAQs
What is the Court of Federal Claims?
The Court of Federal Claims is an Article I federal court that hears monetary claims against the United States. It sits in Washington, D.C., with nationwide jurisdiction. Unlike a district court, it generally hears only money damages claims against the federal government, not equitable claims or claims against private parties. Cases are tried before judges, not juries.
What is the Tucker Act?
The Tucker Act, codified at 28 U.S.C. § 1491, is the primary statute that gives the Court of Federal Claims jurisdiction. It covers claims founded on the Constitution, federal statutes, federal regulations, or contracts with the United States, and section 1491(b) provides bid protest jurisdiction. The Tucker Act is jurisdictional only: it does not itself create substantive rights, so a claimant must point to a separate money-mandating source.
What is the deadline to file a claim against the United States?
For most claims, six years from accrual under 28 U.S.C. § 2501. Some claims have shorter deadlines. CDA claims must first go through the contracting officer, and an appeal to the Court of Federal Claims must be filed within twelve months of the contracting officer’s final decision. Bid protest deadlines are often measured in days. Because these deadlines are jurisdictional and unforgiving, contact counsel early.
Talk to a Court of Federal Claims Lawyer
If you have a claim against the United States, contact us to discuss your options. Call (310) 894-6921 or submit an inquiry through our contact form.