Filed October 3, 2016
The Court of Federal Claims has repeatedly recognized, though, that the Tucker Act’s waiver of sovereign immunity relating to claims “founded . . . upon any express or implied contract with the United States” does not extend to claims for unjust enrichment. See e.g. Lea v. U.S., 120 Fed. Cl. 440, 445 (2015); BioFunction LLC v. U.S., 92 Fed. Cl. 167, 174 (2010). As the Court of Claims explained in 1984, a claim for unjust enrichment “is not based upon a contract, but upon equitable doctrines.”