so the guarantee place case please come up the government and g c n n that settlement agreement was negotiated between the government and the surety and both parties came to the resolution that the government would accept and wanted tender of the contractor to the government to perform construction services and to finish a default project ok but that may help you on the empty assignment akhil why does that help you under the c d a and in fireman's and the cases cited in the briefs are takeover cases where they surety entered into a contract with the government like we did to perform hundred performance by like the guarantee company  and in order to do that the sureties went out and located a contractor like guarantee company and presented it contracted to the government for the government's approval like the guarantee company then agreed to not correct about that well i don't think so they are in for this reason you're right about what they relate to but the pre taped over claims cases deal with the situation where the government raises the ante assignment acts as a defense saying that the pretty takeover claimed occurred when there was no contract between the default contractors and the government the government waived that here just like it did  agree it's not subjugation but let's analyze this take over cases the take over cases where the government agreed to to hear the pre taped over cases that the contractors cases in the take over cases where the government waived than to sign an act that agreed to that those cases were before the war it's the same thing here we've got a contract where the government and the surety agreed with which case in that case the government actually objected to the surety bringing creed take over whe people with government with it into a contract with the governor you're not suing on that contract your suit you're trying to intervene in the original contractor suit against the government if you are trying to sue over the agreement you entered into with the government you will be a government contractor for purposes of c d s for years trying you're not doing that you're trying to sue on a different contract for pre takeover authority well i guess we have a different difference of opinion can i ask you this why isn't the government here the government got a flat tire on the way but the if your if the answer is well i'm going to joking that was a serious quote don't know i didn't mean to be flip the government or the government agreed agreed to your motion to intervene i think the low authorized salamon agreement i want to know how they think that was consistent with fireman's and i believe they know about this case oh they know all about are we the reason they didn't appeal is they watched a motion for summary judgment which didn't meet the fidelity requirements that's what i think sure but you had if you had a and once they got to the justice department and decided it wasn't consistent with parents find your honor i think it is good respectfully i think it's consistent these cases these pre taped over claim cases the reason they're bar because the government raise the ante assign an act there's a take over it so that that's the pending contract the takeover agreement between the government and the surety then the question is how does the surety get to the pre takeover those cases may not make a lot of sense in terms of policy but there they are and we're stuck with them let me that try this procedure we've got to take over the case we're bringing before the appeals this well sure i i don't find the court judge's reasoning very persuasive but he says he didn't look at parents but i'm still confused as to why you're here not the government it may be that if the government had entered shields who is the corps attorney told me he told me they sent it to the justice department and the justice department didn't tell didn't determine that it was a final opinion and i raised with mr shields the collateral or rule of the relaxed finale requirements for this court in my understanding is he couldn't convince the justice department to go along with that that's my understanding so if we disagree with you and and dismiss your appeal and say you can intervene the government still has the agreement with you as a defense to economise to pull action right  the government the agreement is still in place but a material term of it wasn't performed the dismissal of this appeal that's a material term of the settlement agreement surety paid one point four million dollars in return the government released the surety release icon as well and part of the settlement was that we would see to the dismissal of the case based on the indemnity agreement th assignment provisions and the power of attorney which were specifically negotiated with the government and if the court looks at robert with this declaration the contracting officer and the government's brief it's clear that the government knew all about this before him that was the year that that was the essential is what you do this what's normally done in the bonding industry correct well the other thing here to keep in mind i think what th exempt we've got a project here it's security at the pentagon ok it was falling behind the government's got a bond it wants to finish this job if the surety walked away got a second bank that's my well i know you want to sit down that now yeah i think i'll focus on my head in your honor i didn't need to be flip the man called me and said he was coming but he had a flat tire i thought that's what you were asking oh you mean whether there was somebody here yes i thought you were it michael shields problem but they can wait that they did so they can allow assignment of claims to a surety absolutely but they took none of the steps they were required here to waive that for example your view is the settlement agreement between the s the government can waive those those problems and the claims would be would be the short trite yes but they could never under the contract dispute sack that's th dignifies the government so no matter what i think this is going back to the district court in virginia to determine what happens next under the belt case that's generally what i think is go done that settlement agreement of our or do we have to go back to the district court in virginia to determine what then the admin to believe it really says and was your bad faith and all these other issues that are raised in that court  discouragement of our bonding companies for measuring miller back on what i think the bigger issue is for contractors that would be willing to enter into a gentleman don't you think they should agreement to require them to give up their rights to be able to  but you can't get there in the board which is really i think the issue here can you get to any of these issues in the board and the answer is no is there anything in the history of the c d a that suggests it was your honour's we have a government contract that's clear the question is does it come within the contract disputes the types of contracts that are recognized if it comes with even if your contract with the government khans within the contract disputes act right that's not the contract that was before the board the contract contractor sued on its contract and so the question is are you allowed to enter benin get rid of their claims the assignment an attorney in fact lost those facts certain dispute i think they are i think your friend on the other side just got up and said that the government then it then it followed the sufficient procedures to get the apollo to agreement and the way the anti simon act position on the simon oh yes the runner in the well their position is that they wait and if one looks at the contracting officer woods declaration which is attached to the government's motion for there's no question about that well i mean there are procedures to follow up under under the anti simon act so it's a clear that they followed the proper procedures i can tell you that  i can tell you there's nothing in the legislative history that deals with this situation would bar surety from doing exactly what the surety did here i've researched it pretty thoroughly ok thank you mr pike thank you thank you