76 results for 'court:" Armed Services Board Of Contract Appeals"'.
J. Mcnulty grants the government's motion for summary judgment. The contractor contracted to build a new roof for the San Diego Naval Base Commissary. Requests for materials price increases were denied, being the contract was fixed price, and the contractor submitted a claim for $452,108 for materials price escalations. The claim is not dependent on whether the government was late in issuing the notice to proceed, due to COVID delays. The contractor's constructive change theory based on delays would be considered a new claim that the board does not have jurisdiction to consider.
Court: Armed Services Board Of Contract Appeals, Judge: Mcnulty , Filed On: April 26, 2024, Case #: 63631, Categories: Government, Contract
J. Eyester denies the contractor's claim for price increases. Contracted for tree removal, pruning and roadside trimming at Lake O’ the Pines, Texas, the contractor claims the Army Corps of Engineers misclassified certain services causing a $7,117 increase in performance. While certain pruning services were removed from the contract and tree removal was increased due to a deep freeze, this does not establish a prior course of dealing eliminating performance on other task orders. There is no prior course of dealing evidencing the waiver of performance.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: April 26, 2024, Case #: 63768, Categories: Environment, Government, Contract
J. Stinson grants the government's motion for summary judgment. Contracted for the design and construction of various Afghan Army/Air Force enhancements for the airport at Mazar-e-Sharif, Afghanistan, the Taliban's takeover required the contractor to evacuate the project site. The contractor alleges that the government failed “to make a timely decision... which would have enabled [it] to demobilize...” Though the contractor says the Taliban’s actions at the airfield should have been anticipated, it has not alleged that the damages it sustained were foreseeable based upon the government’s alleged breach.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: April 22, 2024, Case #: 63414, Categories: International Law, Military, Contract
J. Mclish denies the contractor’s appeal claiming it was underpaid by the Army Corps of Engineers to construct a seepage berm at a state prison in Louisiana. The contract contained an estimation of compacted fill amount, providing that the contractor would be paid the actual amount used as measured by the Corps’ surveys. The contractor raised no objection involving the survey that was conducted, which indicates its understanding of the contract was the same as the Corps’. Though the contractor now offers a different interpretation of the contract regarding its excavation and removal of organic material, it gives no evidentiary support that it held this interpretation all along.
Court: Armed Services Board Of Contract Appeals, Judge: Mclish, Filed On: April 17, 2024, Case #: 63632, Categories: Government, Military, Contract
J. Sweet grants the Navy's motion for summary judgment. The contractor left a wooden wedge in a gearcase of the Navy helicopter-landing vessel's transmission while performing testing, which was pulverized by a pre-acceptance engine start. The Navy refused to cover costs of the debris clean-up and the contractor says this violates the liability and insurance clause of the contract. There is no genuine issue of material fact. The costs of removing the wood-debris occurred due to the contractor's defective workmanship.
Court: Armed Services Board Of Contract Appeals, Judge: Sweet , Filed On: April 16, 2024, Case #: 62817, Categories: Insurance, Military, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. O'Connell denies the contractor's motion for judgment on the pleadings. Contracted to furnish and deliver food in Afghanistan, the contractor was paid with some flexibility in its unit pricing. The contractor later disclosed a former employee had engaged in bid rigging, which resulted in higher prices. Though the contractor says the government's bringing of another supplier into the contract results in its having no right to recover funds, this did not give the contractor a right to charge more because of its corrupt employee. The contractor had a duty to comply with the law and the contract.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell , Filed On: April 12, 2024, Case #: 60309, Categories: Fraud, Government, Contract
J. Wilson grants the Army Corps of Engineers’ motion to dismiss. The contractor, contracted to install modular classrooms for the Texas Elementary School, appeals for $1,087,853 in allegedly unpaid funds, costs, damages, and lost profits incurred by the Corps’ adding work beyond specifications, providing faulty designs, and causing delays. The contractor withdrew from settlement negotiations and the Corp variously approved and denied its request for equitable adjustment. The record shows that the appeal window started when the contractor received the officer’s final decision. The notice of appeal was filed nearly two and a half years beyond the 90-day timeframe and is dismissed for lack of jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: April 3, 2024, Case #: 63605, Categories: Government, Jurisdiction, Contract
[Consolidated.] J. Melnick denies the Army Corps of Engineer’s motion to dismiss. The contractor seeks $962,775 in costs related to its building a disputed access road for its contract to design and construct a seepage barrier at the Portsmouth, Ohio, levee. The contracting officer provided the contractor with a date for its final decision without providing an explanation, and the contractor submitted its certified claim. The contractor has filed most claims in these consolidated appeals within the default period.
Court: Armed Services Board Of Contract Appeals, Judge: Melnick , Filed On: April 3, 2024, Case #: 63641, Categories: Government, Contract
J. Wilson grants the government's motion to dismiss this appeal. The contractor, which had an indefinite delivery and quantity contract for architectural and engineering services involving the design of military and civil projects within the Great Lakes and Ohio River Division Mission Boundaries, failed to file its appeal within 90 days of receiving the contracting officer’s final decision.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 7, 2024, Case #: 63515, Categories: Government, Due Process, Contract
[Consolidated.] J. Wilson denies the government's motion to dismiss the appeal for lack of subject matter jurisdiction. Contracted for building repair at Ft. Gordon, Georgia, the contractor seeks equitable adjustment of almost $4 million for additional costs, as well as a time extension. Though the government says the board does not have jurisdiction because the contractor filed in advance of the contracting officer's deemed denial or final decision, the record shows the officer did not need additional time to issue a final decision. This appeal, however, is dismissed as moot, due to the contractor's subsequent filing of an appeal from the officer’s final decision denying the same claim.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson , Filed On: March 4, 2024, Case #: 63674, Categories: Government, Due Process, Contract
J. Taylor denies the Navy's motion for summary judgment on a contractor's action seeking payment for costs incurred due to severe weather. It alleges the government building project design changes on the joint reserve center in Des Moines, Iowa pushed construction into adverse weather periods. Though the government says the contractor signed a release resolving all costs, impact effect and delays arising out of or incidental to changes, material factual disputes remain as to whether the parties had a meeting of the minds as to the substance of the release.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor , Filed On: February 22, 2024, Case #: 63291, Categories: Government, Military, Contract
J. Arnett denies the Army's motion to dismiss the contractor's appeal. The contractor filed an appeal from the denial of its claim involving missing trucks arising from orders against a blanket purchase agreement for the government to place call orders for material-handling equipment in Erbil, Iraq. The board lacks sufficient information to resolve the dispute over whether the claim for missing trucks includes separate claims or is one claim arising from the same facts.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett , Filed On: February 15, 2024, Case #: 63522, Categories: Government, Military, Contract
J. Eyester denies the Navy's motion for summary judgment. The contractor appeals the partial denial of its claim for compensation related to asbestos abatement at a building on Marine Corps Base Camp Pendleton, California. The contractor, after the unforeseen finding of asbestos during its renovation, claimed defective specifications and submitted a cost proposal for its proposed change to demolish and replace walls. The matter was insufficiently briefed and there are disputed facts regarding the number of days of delay, and whether any government-caused delays were concurrent with delays within the contractor's control.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: February 13, 2024, Case #: 62627, Categories: Government, Military, Contract
J. O'Connell grants the government's motion to dismiss for lack of jurisdiction and for summary judgment based on a release. The government denied payment to a contractor for certain dry and heavy cargo transfer removal because it allegedly never submitted an invoice. The contractor received consideration of $808,000. Even if it was entitled to this money and the removal request claim was entirely valid, the release is still enforceable.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell , Filed On: February 13, 2024, Case #: 62319, Categories: Government, Contract
[Consolidated.] J. Stinson grants the contractor's motion for summary judgment. The Army Corp of Engineer's contracting officer denied the contractor's claims regarding defective specification and differing site conditions as to its contract to perform repairs to the Tuttle Creek Stilling Basin. The government argues the contractor failed to raise the issue of additional costs incurred for sidewalk placement prior to contract award, waiving its right to challenge liquidated damages. The contractor was not aware of the additional costs pre-award.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: February 6, 2024, Case #: 62657, Categories: Government, Contract
[Consolidated.] J. Mcilmail finds the contractor is entitled to the cost of increased Covid-19-related medical leave occurring during performance of its contract for airport maintenance services at a naval air station. The contractor experienced an increase in applicable fringe benefits in the form of increased paid time off required under California law related to the Covid-19 pandemic and the Navy’s 14-day quarantine policy.
Court: Armed Services Board Of Contract Appeals, Judge: Mcilmail, Filed On: February 5, 2024, Case #: 63250, Categories: Government, Covid-19, Contract
J. Prouty denies the contractor's appeal alleging unstable site conditions of a bank of a drainage canal on which it was contracted by the Army Corp of Engineers to complete an armoring project. Though the contractor says the government mischaracterized the conditions, contractual specifications, though not alerting the contractor to the problems encountered, were not affirmatively misleading, as none of the work was located at or near the area where the problems arose.
Court: Armed Services Board Of Contract Appeals, Judge: Prouty , Filed On: February 2, 2024, Case #: 62257, Categories: Construction, Government, Contract
[Consolidated.] J. Stinson denies the government's motion for reconsideration of a previous decision granting partial summary judgment to the contractor. The contractor's alleged failure to submit auditable final indirect cost rate proposals on its time and material contracts did not give the government a basis to assess a decrement on the contractor's costs for direct labor, which were determined by contractually mandated hourly labor rates. Although it may have a right of recoupment based upon other provisions, the cited regulation does not provide the government that authority in the context of these appeals.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: January 31, 2024, Case #: 62413, Categories: Government, Contract, Labor
J. Mclish denies both the Navy's and the contractor's motions for summary judgment. Bilateral changes were made to the parties' contract, including various construction projects at the Philadelphia Naval Business Center. The contractor submitted a claim for $1.3 million for delays. The Navy has not established that any of its terms bar the contractor's claims, as the claims do not relate to the specific subject matters addressed by the modifications. The modifications are also ambiguous as to whether the parties intended them to cover the subject matter of the delay claims.
Court: Armed Services Board Of Contract Appeals, Judge: Mclish , Filed On: January 25, 2024, Case #: 63240, Categories: Construction, Government, Contract
[Consolidated.] J. McIlmail denies the contractor's claims of contract change, economic waste and differing site condition arising from its contract for a NASA aircraft parking apron and taxiway improvements. Evidence shows the contractor released the differing site condition claim in a bilateral contract modification, not under duress. The government did not change the contract or direct the contractor to perform economically wasteful work, while the contractor agreed to perform the work pursuant to a bilateral modification of the contract.
Court: Armed Services Board Of Contract Appeals, Judge: McIlmail , Filed On: January 4, 2024, Case #: 61819, Categories: Government, Contract
J. Eyester grants the contractor's motion for summary judgment seeking the total award amount from a commercial items contract for Air Force housing maintenance services. After the end of the performance period, the government de-obligated unused funds via a bilateral modification. Though the government says the contractor waived its right to the claim when it signed the modification, the task order was fully funded and fixed-priced. The Air Force bore the maximum risk and full responsibility for all costs.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester , Filed On: January 4, 2024, Case #: 63239, Categories: Government, Military, Contract
J. Melnick finds the government breached a demolitions contract. The contractor says it was sometimes prevented from accessing the worksite to eliminate concrete weapons targets at the White Sands Missile Range, and was also blocked or evacuated due to missile testing without notification. The government did not disclose the information with its proposal or otherwise inform contractors prior to bidding, and its attempt to avoid liability due to its lack of a precise schedule is meritless.
Court: Armed Services Board Of Contract Appeals, Judge: Melnick , Filed On: December 28, 2023, Case #: 62628, Categories: Government, Military, Contract
J. Mcilmail denies, in part, the government's motion to dismiss the contractor's claim. Although the board lacks jurisdiction over the contractor's claim for government-caused project delay and for more than $1 million in damages, it does have jurisdiction over its challenge to the government's termination of its contract by default.
Court: Armed Services Board Of Contract Appeals, Judge: Mcilmail , Filed On: December 21, 2023, Case #: 63461, Categories: Construction, Government, Contract
[Consolidated] J. McLish denies the government's motion to dismiss the contractor's appeals on behalf of its subcontractors. The subcontractors say work on the construction of a building for the National Geospatial-Intelligence Agency in St. Louis was hindered and delayed by government responses to Covid-19, as well as cost increases. The complaint adequately asserts constructive changes entitling the contractors to equitable adjustment pursuant to the contract's “Changes” clause, constructive suspensions of work and breaches of the government’s implied duties.
Court: Armed Services Board Of Contract Appeals, Judge: McLish , Filed On: December 20, 2023, Case #: 63571, Categories: Construction, Government, Contract
J. McLish denies the government's motion for summary judgment on a contractor action seeking an $818,000 adjustment to a contract for uniform tailoring with the U.S. Marine Corps. There are questions of fact, as the record shows the contracting officer found the contractor's requests for equitable adjustment meritorious and agreed government estimates were erroneous.
Court: Armed Services Board Of Contract Appeals, Judge: McLish , Filed On: December 19, 2023, Case #: 63359, Categories: Government, Military, Contract
J. McIlmail denies the government's motion to dismiss this contract dispute. The contractor appeals changes to humidifier sizing and design regarding the contract for HVAC replacement at the Guthrie Clinic at Fort Drum, New York, and seeks damages of $949,000. The government's request to convert its motion to dismiss for lack of jurisdiction on sum-certain grounds to a motion for failure to state a claim is denied, as it failed to mention the contractor had not presented a claim for a sum certain.
Court: Armed Services Board Of Contract Appeals, Judge: McIlmail , Filed On: December 13, 2023, Case #: 63183, Categories: Government, Contract
[Consolidated] J. Herzfeld grants the Army Corps of Engineers' motion to amend its answer to add an affirmative defense that the contractor made material misrepresentations in its proposal. The corps alleges multiple misrepresentations as to the contract to construct an Aegis Ashore Missile Defense System site on Deveselu Air Base in Romania. Though the contractor says the corps' delay in raising the defense should result in waiver, its pleadings must be treated as true in considering the motion to amend.
Court: Armed Services Board Of Contract Appeals, Judge: Herzfeld , Filed On: December 13, 2023, Case #: 62681, Categories: Government, Military, Contract
J. Smith denies the Army Corps of Engineers' motion to dismiss this suit challenging its termination of the contract for default. The contractor seeks no monetary damages, claiming the contract was wrongly terminated for default and not convenience. This is a "garden-variety default termination challenge," and the corps should be ready to move forward and justify its termination decision.
Court: Armed Services Board Of Contract Appeals, Judge: Smith , Filed On: November 22, 2023, Case #: 63630, Categories: Government, Due Process, Contract
J. McLish grants the government's motion for summary judgment in this dispute involving a contract for base engineering services at Joint Base Charleston in South Carolina. The contracting officer and a subcontractor pleaded guilty to criminal misconduct involving the officer's accepting of bribes, and the contractor directed the subcontractor to stop work for failure to provide proof of a license. Undisputed facts demonstrate that the contractor's claims accrued more than six years before they were submitted, and the contractor is not entitled to equitable tolling.
Court: Armed Services Board Of Contract Appeals, Judge: McLish , Filed On: November 14, 2023, Case #: 63284, Categories: Government, Contract