Editor’s Note.  It is not uncommon for a contractor submitting a claim to have some uncertainty in the amount it is due.  The following indicates that in spite of these uncertainties, a definite dollar amount should be clearly presented.)

Sandoval presented a claim to the government for delay damages that included the statement “no less than $1,072,957.05.”  The “no less” language was based on the uncertainty that additional claimed amounts would be needed to cover additional days of delay.  The Board dismissed the appeal because the claim was improper since the Contract Disputes Act requires that all claims by a contractor against the government related to a contract must contain a demand for a “sum certain.”  The Board concluded that “no less than” amount is not a “sum certain.”  It stated the same is true for an “in excess of” amount (Sandoval Plumbing Service Repair, Inc., ASBCA No. 54640).

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