court than any of us care to ever go and he has been a wonderful admission to our chambers he will be greatly missed but we know is going to go on to do great things done i would move his admission will you take a vote contractor alleged damages that the sept contractor suffered by the term a nation of the sub contractor i mean does that mean that the government has to wait fifteen years or even longer position from the government's perspective with its contract with k p our government shouldn't care if there is some kind of squabble between k b r and sub contractor all that matters to the government is a request comes into the government for reimbursement of cough that work incurred in the performance of the prime contractor right correct and he so and so if that request in fact actually reflects costs incurred in performance of task order fifty nine and that's all that shouldn't matter and therefore it's a routine request just like any other request for costs claim to to have accrued at that point so the contract that is at issue when you're deciding something as a routine or not is this is a contract with the general contract the relationships between the sub and the general contractor don't define what's routine or non routine correct well that that is in this case that is what took eighty hours what would have been a normal team request the seventy million dollar settlement amount that k b r in the start agreed to back in january two is when you look at the facts of this case what occurred after eight in november of two thousand and six k b r forwarded what they called claims to the army which is which included some additional costs after that initial seventeen million dollars payment was made and then but that but k b r refused to certify it and so it was it was this back and forth that isn't fair to say vote for the seventeen point four and then the second more fine particular request was it was fourteen  and they were all coming from the same source of costs being incurred right the character of the costs for all the same which was trying to figure out how much it cost to put those exactly what the government wants them to do they want the general contractor because government says we're not going to deal with you deal with yourselves you get your ducks in a room you figure out what the agreement in the solomon is with respect to the payments and then you come to  so they did exactly what they're constantly told to do and you're saying just because they went back and forth that somehow change the character repayment requests yes your honor and in this case it is these are very unique facts in this case and and in terms of how the government usually goes back and forth with its contractors on a claim but it's not routine within the meaning of the law not non routine within the meaning of the law all discussion of what constitutes a non routine requests has to do with circumstances in which the government either ask for additional work or cancels a contract with the general contractor so the the fact that there might have been more communications with the government doesn't make non routine under the  all of its computer files got wiped out and it took the prime contractor six or seven years to try to figure out exactly how to rebuild with all those costs were and then submitted the request for and then the prime contractor also as far as what the government saw initially submitted limited if one of reimbursement form but then pulled it back and then submitted another one but been told that back upon finding more information then finally seen the pain of the prime contractor see if it is not the result of intervening unforeseen circumstances or government action just like here the government hasn't done anything because the prime contractors requests should be submitted under the prime taken off the table there were other costs that were under determined at that time that the government had never been asked of tax so in november of two thousand and six was a first time for buster payment was made and that is the very very earliest that this