8 results for 'judge:"Eyester"'.
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. 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. 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. Eyester denies the contractor's appeal of the Army Corp of Engineers' denial of compensation for 19 days of a 49-day suspension of work on the contract to build outlet and cutoff structures for the Buffalo Bayou flood control project in Houston. The contract included provisions for severe weather extensions, and the contractor fails to prove the government is the sole cause of the flooding which resulted in suspension of the work by its opening of upstream floodgates.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester , Filed On: November 1, 2023, Case #: 62281, Categories: Environment, Government, Contract
J. Eyester denies the contractors appeal of the termination for cause by the U.S. Army Corps of Engineers of its purchase order for the cleaning of park facilities. The contractor understood the requirement for cleaning was based on the Statement of Work, prior to its inclusion, and failed to provide required services, making the cure notice not defective. Termination was based on deficient performance after Army Corps of Engineers modified the purchase order to include the Statement of Work and so the termination was reasonable and supported by the record.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: October 3, 2023, Case #: 62684, Categories: Government, Contract
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J. Eyester grants the contractor’s appeal alleging it is owed money for its task order to perform design and alteration services at the David Grant Medical Center at Travis Air Force Base. The government changed the task order by continuing to use temporary phasing facilities and other services provided by the contractor during the period when work was precluded due to Covid-19. The appeal is returned to the parties for a determination of quantum.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: August 7, 2023, Case #: 62927, Categories: Covid-19, Military, Contract
J. Eyester dismisses the contractor’s appeal, without prejudice, seeking payment from the Department of the Army pursuant to a contract for road repairs at the Lone Star Multi-Use Range, Ft. Hood. The government notified the contractor that it intended to terminate the contract, instructing it to submit a termination settlement proposal. The government later issued a modification and unilaterally terminated the contract for convenience. There is nothing in the record showing the contractor submitted a termination settlement proposal prior to its submission of a “General Solutions Claim.” The contractor has failed to execute a certification of its claim, resulting in a defective certification that cannot be corrected. This board lacks jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: July 19, 2023, Case #: 63458, Categories: Jurisdiction, Military, Contract
[Consolidated.] J. Eyester denies this appeal from the Department of the Army’s termination for default of a task order for the repair of an officer dormitory on Osan Air Base in Korea. The contract was terminated due to the contractor’s failure to complete it by the completion date. The government has established the validity of the default termination, and appellant has failed to demonstrate the default was excusable.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: July 11, 2023, Case #: 62002, Categories: Government, Military, Contract