Agency Partial Payment Reduces Amount of Claim but Does Not Void It; CBCA 5760, SFM Constructors Inc. v. Department of Veterans Affairs

Government’s motion to dismiss a claim for failure to assert a sum certain is denied, where amounts stated in a transmittal letter have no effect on the claim, because the transmittal letter is not certified and does not request a final decision, and therefore the stated amounts in the actual claim are controlling; and where a payment made by the agency to the appellant after the submission of the claim lessened the amount of the recovery sought, but did not affect the government’s ability to calculate the sum certain.