Tucker Act Claims Against the Federal Government

Pursuing monetary damages from the United States in the Court of Federal Claims

When the Government Owes You Money

The federal government is not above the law. When the United States breaches a contract, takes your property without compensation, or violates a money-mandating statute, you have the right to sue for damages.

But you cannot sue the government without its consent. The Tucker Act provides that consent, waiving sovereign immunity for certain monetary claims and giving the U.S. Court of Federal Claims jurisdiction to hear them.

DC Federal Litigation PLLC represents individuals and businesses seeking money damages from the United States under the Tucker Act.

What is the Tucker Act?

The Tucker Act (28 U.S.C. § 1491(a)) waives the federal government's sovereign immunity for certain claims seeking monetary damages. It grants the U.S. Court of Federal Claims jurisdiction over:

"any claim against the United States founded upon the Constitution, any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort."

Important: The Tucker Act does not create rights. It only provides a forum for enforcing rights created elsewhere. To bring a Tucker Act claim, you must identify a "money-mandating" source—a law that can fairly be interpreted as requiring payment by the government.

Types of Tucker Act Claims

Contract Claims

Express Contracts

Claims for breach of written contracts with the United States, including:

  • Government contracts (procurement)

  • Lease agreements

  • Settlement agreements

  • Employment contracts

Implied-in-Fact Contracts

Claims for breach of contracts inferred from conduct, including:

  • Course of dealing establishing contract terms

  • Government promises supported by consideration

  • Implied agreements based on mutual understanding

Contract Disputes Act

Most government contract disputes are governed by the CDA, which provides specific procedures for claim submission and appeal. Tucker Act jurisdiction overlaps significantly with CDA jurisdiction.

Taking Claims (Fifth Amendment)

The Fifth Amendment prohibits taking private property for public use without just compensation. Tucker Act jurisdiction extends to:

Physical Takings

Government physically appropriates property:

  • Condemnation without compensation

  • Flooding of private land

  • Government occupation

Regulatory Takings

Government regulation deprives property of economic value:

  • Zoning that eliminates all economically beneficial use

  • Regulations destroying property value

  • Development restrictions

Temporary Takings

Government actions temporarily deprive owner of property use.

Statutory Claims

Claims under statutes that mandate payment:

Military Pay:

  • Active duty pay disputes

  • Reserve pay disputes

  • Special pay and allowances

  • Separation pay

Civilian Pay:

  • Federal employee pay disputes

  • Overtime claims

  • Back pay awards

Benefits:

  • Federal retirement benefits

  • Insurance claims

  • Veterans benefits (limited)

Tax Refund Claims

Claims for refunds of taxes improperly assessed or collected:

  • Income tax refunds

  • Excise tax refunds

  • Customs duty refunds

Note: Tax refund claims have specific jurisdictional requirements and often require exhaustion of IRS administrative remedies.

Tucker Act vs. Little Tucker Act

Tucker Act (COFC)

Claims exceeding $10,000 fall under the Tucker Act and must be filed in the Court of Federal Claims:

  • Jurisdiction: U.S. Court of Federal Claims

  • Amount: Over $10,000

  • Appeal: To Federal Circuit

Little Tucker Act (District Court)

Claims of $10,000 or less can be filed in federal district court under the "Little Tucker Act" (28 U.S.C. § 1346(a)):

  • Jurisdiction: Federal district court

  • Amount: $10,000 or less

  • Appeal: To regional circuit court

Choosing a Forum

For claims near $10,000, consider:

  • COFC has specialized expertise in government claims

  • District courts may be more convenient geographically

  • Appeal routes differ (Federal Circuit vs. regional circuit)

  • COFC has nationwide jurisdiction from DC

What Makes a Source "Money-Mandating"?

Not every law that the government violates gives rise to a Tucker Act claim. The source must be "money-mandating"—fairly interpreted as mandating payment by the government.

Money-Mandating Sources

Examples of money-mandating sources:

  • Contract provisions requiring payment

  • Fifth Amendment (takings)

  • Military pay statutes

  • Federal employee pay statutes

  • Certain benefits statutes

Examples of non-money-mandating sources:

  • Statutes requiring agency action (not payment)

  • Due process claims (generally)

  • Procedural requirements

  • Most regulatory statutes

The "Fairly Interpreted" Standard

Courts ask whether the source "can fairly be interpreted as mandating compensation by the Federal Government for the damage sustained." This is a low threshold but requires some monetary obligation.

Statute of Limitations

Tucker Act claims must be filed within six years of when the claim first accrues. (28 U.S.C. § 2501)

When does a claim accrue?

  • Contract breach: When breach occurs and damages result

  • Takings: When taking is complete

  • Pay claims: When pay should have been received

Tolling is limited: The government generally does not agree to toll the statute of limitations. Act promptly to preserve your rights.

COFC Litigation Process

Filing the Complaint

Your complaint must:

  • Identify the money-mandating source

  • Allege facts establishing the claim

  • State the amount of damages sought

  • Demonstrate COFC jurisdiction

Government Response

The Department of Justice represents the United States. The government may:

  • File a motion to dismiss (challenging jurisdiction or failure to state claim)

  • Answer the complaint

  • Assert defenses and counterclaims

Discovery

COFC allows full federal discovery:

  • Document requests

  • Interrogatories

  • Depositions

  • Requests for admission

Dispositive Motions

Common motions include:

  • Motion to dismiss for lack of jurisdiction

  • Motion to dismiss for failure to state a claim

  • Motion for summary judgment

Trial

If the case proceeds to trial:

  • Bench trial before COFC judge (no jury)

  • Testimony and documentary evidence

  • Post-trial briefing

Appeal

COFC decisions are appealed to the U.S. Court of Appeals for the Federal Circuit.

Our Tucker Act Practice

Claim Evaluation

We analyze your potential claim:

  • Identify the money-mandating source

  • Assess strength of liability arguments

  • Calculate potential damages

  • Evaluate statute of limitations

Claim Development

We prepare your case:

  • Gather documentary evidence

  • Interview witnesses

  • Research legal issues

  • Calculate damages

Litigation

We handle all aspects of COFC litigation:

  • Complaint drafting

  • Jurisdictional briefing

  • Discovery

  • Dispositive motions

  • Trial

  • Appeal

Settlement

We pursue favorable settlements when appropriate:

  • Negotiation with DOJ

  • Mediation

  • Settlement conference

Frequently Asked Questions

  • Yes, if you have a contract with the United States and the government breached it. Claims over $10,000 go to the Court of Federal Claims; smaller claims can go to district court.

  • A taking occurs when the government appropriates private property for public use without just compensation. This includes physical takings (condemning land) and regulatory takings (regulations that destroy property value).

  • There is no cap on Tucker Act damages at COFC. You can recover the full amount owed, plus interest in some cases.

  • For most Tucker Act claims, no exhaustion is required. However, Contract Disputes Act claims require submission to the Contracting Officer first. Tax refund claims have IRS exhaustion requirements.

  • COFC has exclusive jurisdiction over Tucker Act claims exceeding $10,000. COFC specializes in claims against the government. District courts handle claims of $10,000 or less under the Little Tucker Act.

  • Generally, parties bear their own fees. However, the Equal Access to Justice Act (EAJA) may allow fee recovery in certain circumstances.

Contact Our Tucker Act Team

If the federal government owes you money, contact us to discuss your options at the Court of Federal Claims.

We handle:

  • Government contract breach claims

  • Taking claims (Fifth Amendment)

  • Military pay disputes

  • Federal employee pay claims

  • Tax refund litigation

Contact:

Schedule Tucker Act Consultation

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