Strong Structural Steel Ltd. is barred from seeking over $11 million in damages from the Biden administration’s termination of a US-Mexico border wall project, because the company failed to adequately allege an unlawful government taking.
The US Army of Corps of Engineers’ 2021 termination of prime contractor Southern Border Constructors’ task orders isn’t the type of action that can effect a Fifth Amendment taking, because the agency’s directives didn’t directly affect subcontractor Strong Structural, Judge Armando O. Bonilla of the US Court of Federal Claims said in a Thursday opinion granting the government’s motion to dismiss.
A compensable taking doesn’t ...