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Recent ASBCA Decisions



Click on any case name below to link directly to the decision

 

 Jurisdiction, CDA, Claim Definition and Sufficiency, Timeliness, Statute of Limitations, etc.

Canon Solutions America, Inc., ASBCA No. 59540 (Nov. 5, 2014) (no jurisdiction over dispute under delivery order that involved issues related to underlying GSA schedule contract absent decision by GSA Contracting Officer)

Vertex Construction & Engineering, ASBCA No. 58988 (Nov. 7, 2014) (submission of fraudulent master electrician certification in order to obtain contract rendered it void ab initio)

Combat Support Assocs., ASBCA Nos. 58945, 58946 (Oct. 22, 2014) (denies contractor's motion to dismiss government claims as time barred by CDA statute of limitations, but reserves right to examine issue further once record is more fully developed)

New Iraq Ahd Co., ASBCA Nos. 58763, 59286 (Oct. 22, 2014) (no jurisdiction over (i) one uncertified claim or (ii) another claim submitted more than six years after all events that gave rise to Government's alleged liability occurred)

Favor Co., ASBCA No. 58843 (Oct. 16, 2014) (dismisses appeal because there is no evidence of a prior claim submitted to Contracting Officer)

Lulus Ostrich Ranch, ASBCA Nos. 59252, 59450 (Oct. 10, 2014) (Board lacks jurisdiction to grant request for injunctive relief to stay default terminations and collection actions by the Government)

Besal Al-Reeh Company, ASBCA No. 58612 (Sep. 23, 2014) (no jurisdiction over appeal absent prior claim submission to Contracting Officer)

Mansoor International Development Services, ASBCA No. 58423 (Sep. 4, 2014) (termination letter notifying contractor it had "right to appeal under the disputes clause," but not including required language about time limits and possible forums for appeal, did not start appeal clock running)

VLOX, LLC, ASBCA Nos. 59305, et al. (Sep. 3, 2014) (contractor's "initial" requests for payment were, nevertheless, claims because they were labeled as such, were for sums certain, and demanded payments as a right with supporting statements of fact and legal narratives, were certified, and included requests for decisions by the Contracting Officer)

ASFA International Construction Industry and Trade, Inc., ASBCA No. 57880 (Sep. 2, 2014) (government claim for liquidated damages time-barred under CDA; contractor not required to submit claim that Government waived right to assess liquidated damages before raising that allegation as a defense to Government's claim on appeal)

Binghamton Simulator Co., ASBCA No. 59117 (Aug. 21, 2014) (dismisses attempt at direct (unsponsored) appeal by subcontractor from prime contractor's decision)

Kellogg Brown & Root Services, Inc., ASBCA No. 58492 (Aug. 18, 2014) (dismisses claim due CDA's six-year statute of limitations that had originally been withdrawn voluntarily; no equitable tolling)

Macro-Z Technology, ASBCA No. 56711 (Aug. 18, 2014) (on its own motion, Board dismisses pre-award claim only quantified during proceedings at Board)

Bizhan Niazi Logistic Services Company, ASBCA No. (Aug. 13, 2014) (dismisses appeal for lack of jurisdiction because no prior CDA claim submitted to Contracting Officer)

CCIE & Co., ASBCA Nos. 58355, 59008 (Aug. 12, 2014) (contractor converted routine request for payment into CDA claim by repeated queries seeking payment after the Government's continued failure to pay its original invoice)

Commissioning Solutions Global, LLC, ASBCA No. 59254 (Aug. 7, 2014) (dismisses appeal of breach of contract claim for failure to state claim upon which relief can be granted because contract was IQ contract and Government fulfilled its obligations by ordering the minimum required quantity)

Abdul Ahad Khadim Construction Company, ASBCA No. 59206 (Aug. 7, 2014) (dismisses uncertified claim in excess of $100,000), motion for reconsideration dismissed as untimely

Pros Cleaners, ASBCA No. 59067 (Aug. 6, 2014) (dismisses appeal filed 490 days after receipt of Contracting Officer's decision)

Integrity Management Services, Inc., ASBCA Nos. 58214, et al. (Aug. 1, 2014) (dismisses appeals covered by release language in settlement agreement and holds it lacks jurisdiction over enforcement of federal tax liabilities) 

PHA-JMR, JV, ASBCA No. 59032 (Aug. 1, 2014) (dismisses appeals because underlying claim was not for a sum certain, but rather for "at least" a stated amount and because lack of evidence that person submitting and certifying the claim had requisite authority to represent JV)

Lee's Ford Dock, Inc., ASBCA No. 59041 (July 23, 2014) (dismisses appeal with regard to claim of superior knowledge not previously presented to Contracting Officer for decision)

Environmental Safety Consultants, Inc., ASBCA No. 58343 (July 25, 2014) (CDA statute of limitations has run on portion of termination settlement proposal that covers price adjustment claim for alleged increased costs that accrued more than 14 years before claim submitted) Government's motion for reconsideration of two alleged mistakes in statement of facts denied; contractor's motion for reconsideration denied

Certified Construction Co. of Kentucky, ASBCA No. 58782 (July 8, 2014) (dismisses portion of claim that accrued more than six years before it was submitted to the Contracting Officer)

Creek Services, LLC, ASBCA No. 59127 (July 1, 2014) (dismisses, as untimely, appeal filed more than 90 days after contractor received Contracting Officer's decision)

New Iraq Ahd Co., ASBCA No. 58778 (June 12, 2014) (dismisses appeal for lack of jurisdiction because MOA contingent on availability of funds that never became available was not a contract)

Zomord Co., ASBCA No. 59065 (June 10, 2014) (denies government motion to dismiss appeal as untimely because contractor could reasonably have concluded Contracting Officer was reconsidering decision; denies government motion to dismiss claim as time-barred  because it was filed more than two months before six- year CDA statute of limitations would have expired) 

AL Wahej Al Lamea Co., ASBCA No. 59125 (June 9, 2014) (dismisses appeal absent evidence person who filed it is authorized representative meeting requirement of Board Rule 26)

Patriot Pride Jewelry LLC, ASBCA No. 58953 (June 9, 2014) (Board has non-CDA jurisdiction over AAFES contract with Disputes clause that confers on Board authority to decide all disputes arising under or related to agreement; agreement did not require Government to advertise contractor's products)

Superior Maritime Services, Inc., et al., ASBCA Nos. 58580, 58691 (June 9, 2014) (denies Navy's motion to dismiss for lack of jurisdiction; non-FAR based transportation contract still governed by CDA, and Transportation Officer who administered contract met CDA definition of Contracting Officer)

Leidos, Inc., f/k/a Science Applications International Corporation, ASBCA No. 59076 (June 6, 2014) (grants government motion to substitute contract for one incorrectly identified in government claim for alleged mis-allocation of costs in CAS-covered contracts)

Laguna Construction Co., ASBCA No. 58569 (May 29, 2014) (government claim is time-barred by CDA's six year statute of limitations)

POZ Engineering and Environmental Consulting, ASBCA Nos. 58853, 59004 (May 13, 2014) (no jurisdiction over appeal involving termination settlement proposal that was still being negotiated at time of appeal; however, jurisdiction over subsequent appeal of same matter because Contracting Officer had issued "settlement by determination" after former appeal had been filed)

Ensign-Bickford Aerospace & Defense Co., ASBCA No. 58671 (May 5, 2014) (although appeal was premature when originally filed, Board has jurisdiction when Contracting Officer still has not issued decision on underlying claim as of date of Board's decision on jurisdictional motion and more than a reasonable amount of time has passed)

Suh'dutsing Technologies, LLC, ASBCA No. 58760 (Apr. 28, 2014) (denies government motion to dismiss claim; Contracting Officer's letter near end of original 60-day deadline for issuing a decision stating it would be "at least" another 60 days before a decision was issued was not sufficiently definite to comply with 41 U.S.C. n 7103(f)(2)(B), and contractor was authorized to appeal at any time from that point forward)

S&L Enterprise, Inc., ASBCA No. 58792, 58793 (Apr. 24, 2014) (grants contractor's requests to dismiss appeals without prejudice because (i) the parties agreed no impasse had occurred in negotiations over convenience termination settlement proposal before Contracting Officer had issued decision; and (ii) contractor had not certified another claim in excess of $100,000) 

Zara Co., ASBCA No. (Apr. 23, 2014) (emails to Contracting Officer that contractor alleged constituted the claim did not specify a sum certain)

Tokyo Co., ASBCA No. 59059 (Apr. 23, 2014) (no jurisdiction over $920,602 claim with a certification without a physical signature and bearing only the company's stamp and the typed written name of its general manager)

Maersk Line Limited, Inc., ASBCA No. 58779 (Apr. 23, 2014) (Board has CDA jurisdiction over dispute involving GSA claims for overcharges under FAR-based transportation services contract covered by CDA (rather than GSA under dispute resolution procedures of Transportation Act of 1940); contractor's submission to Contracting Officer, based on assertion that the GSA overcharge notices are not consistent or compatible with the provisions of the CDA, FAR or the contract, was a claim within meaning of CDA)

Puget Sound Environmental Corp., ASBCA Nos. 58827, 58828 (Apr. 17, 2014) (no jurisdiction over claim for contract adjustment based on alleged misclassification of DOL wage rates prior to ruling on such classification by DOL; jurisdiction over claim for adjustment based on allegation in original claim amounting to claim of bad faith termination of delivery order)

Esood Al Blad Co., ASBCA No. 58425 (Apr. 4, 2014) (dismisses appeal involving uncertified claim for $500,000)

Singleton Enterprises, ASBCA No. 58325 (Mar. 24, 2014) (dismisses appeal filed more than 90 days after contractor sent email acknowledging receipt of Contracting Officer's decision)

FRASSON LODOVICO, S.r.l., ASBCA No. 58645 (Feb. 10, 2014) (appeal filed within 90 days of receipt of mailed copy of Contracting Officer's decision was timely, even though that was more than 90 days after the date by which the Board had ordered the Contracting Officer to issue his decision)

The R.R. Gregory Corp., ASBCA No. 58517 (Feb. 6, 2014) (claim for remission of liquidated damages filed more than six years after they were withheld is barred by CDA's statute of limitations)

Commissioning Solutions Global, LLC, ASBCA No. 59007-945 (Feb. 5, 2014) (dismisses request for board order directing Contracting Officer to issue a decision because the underlying claim did not include a sum certain) 

Taj Al Rajaa Co., ASBCA No. 58801 (Feb. 5, 2014) (dismisses claim appeal of claim filed more than six years after it accrued), motion for reconsideration dismissed as untimely

Hanley Industries, Inc., ASBCA No. 58198 (Jan. 15, 2014) (for purposes of CDA's statute of limitations, dispute did not arise and claim did not accrue until Government advised contractor of Government's interpretation of disputed provision)

Balad Alshemal Earth Co., ASBCA No. 58590 (Jan. 7, 2014) (dismisses appeal for lack of jurisdiction because contractor disavowed any connection with purported appeal notice)

WorleyParsons International, Inc., ASBCA No. 57930 (Dec. 20, 2013) (Board lacks CDA jurisdiction over government claim against only one member of JV, when JV was the contracting entity)

New Iraq Ahd Co., ASBCA No. 58800 (Dec. 17, 2013) (Board lacks jurisdiction over uncertified claim in excess of $100,000), contractor's motion for reconsideration denied

Linc Government Services, LLC, ASBCA Nos.  58561, et al. (Dec. 5, 2013) (given all the surrounding circumstances, contractor's letters implicitly requested Contracting Officer's decisions concerning interpretation of contract terms and, therefore, were valid CDA claims; contractor complied with CDA requirements by sending letter to Contracting Officer identified in contract; the fact that a new Contracting Officer (with a different address) had been assigned without notice to the contractor did not invalidate the claim submission)

Fluor Corp., ASBCA No. 57852 (Dec. 5, 2013) (for purposes of CDA statute of limitations, Government's CAS noncompliance claim first accrued as of date CAS noncompliance audit was completed for all payments made to contractor prior to that date and, thereafter, was a continuing claim that accrued for each subsequent payment to the contractor as it was made)

Duncan Aviation, Inc., ASBCA No. 58733 (Dec. 3, 2013) (certification submitted subsequent to, but clearly referencing, prior REA converted REA into CDA claim; request for Contracting Officer's decision was implicit in correspondence read as a whole)

Alnawars Co., ASBCA No. 58678 (Nov. 19, 2013) (dismisses untimely appeal (filed 140 days after receipt of COs decision) for lack of jurisdiction)

Public Warehousing Co. K.S.C., ASBCA No. 58078 (Nov. 12, 2013) (Contracting Officer's repeated delays (totaling more than four years) in issuing decision on claim in order to wait for judicial outcomes in separate fraud cases is appealable deemed denial)

Development & Evolution Construction Co., ASBCA No. 58342 (Nov. 7, 2013) (no jurisdiction over appeal demanding convenience termination settlement amount in excess of $100,000 because prior termination settlement proposals submitted to C.O. were not certified)

Metag Insaat Ticaret A.S., ASBCA No. 58616 (Nov. 4, 2013) (under theory of deemed denial, Board has jurisdiction over appeal filed (i) before C.O. issued decision on claim and (ii) less than 60 days after original claim was filed because C.O. still has not issued decision and much more than 60 days have now passed)

CB of Bozeman, Inc., dba Maintenance Patrol, ASBCA No. 58533 (Nov. 1, 2013) (Government's failure to notify contractor of appeal rights in "memorandum" denying claim coupled with subsequent government actions that led contractor to believe Government was reconsidering decision excused contractor's failure to appeal within 90 days; yearly releases executed by contractor are defense to current claims for additional SCA wage increases)

Ft. McCoy Shipping & Services, ASBCA No. 58673 (Oct. 9, 2013) (Board had jurisdiction over appeal commenced by letter submitted directly to Contracting Officer within 90 days of the Contracting Officer's decision because the letter (i) referenced the contracting officer's final decision, (ii) included the contract number, (iii) expressed dissatisfaction with the decision, (iv) made clear the contractor was seeking resolution by higher authority, and (v) stated: "This letter serves as my notice of intent to appeal.")

Mawaraa AlBihar Co., ASBCA No. 58585 (Sep. 27, 2013) (no jurisdiction over uncertified claim in excess of $100,000)

EJB Facilities Services, ASBCA No. 58314 (Sep. 26, 2013) (denies motion to dismiss government claim for fire damages because it is just different theory of recovery for same claim previously decided by Contracting Officer; denies government motion to dismiss contractor's complaint as request for declaratory relief not previously decided by Contracting Officer because it is just an answer to the Government's claim that includes a suggestion as to why the Board should deny the claim)

Alalamiah Technology Group Co. (K.S.C.C.) , ASBCA No. 58582 (Sep. 18, 2013) (no jurisdiction over appeal by disappointed bidder)

Xerox Corp., ASBCA No. 58478 (Sep. 13, 2013) (Dismisses appeal involving Army National Guard delivery order because it requires interpretation of underlying FSS contract, which is a matter for the GSA's Contracting Officer and the CBCA)

Kellogg Brown & Root Services, Inc., ASBCA No. 58578 (Sep. 9, 2013) (denies government motion to dismiss appeal regarding proper interpretation of contract clause even though Government has not taken any action to enforce its interpretation by denying costs involved in dispute)

Protecting the Homeland Innovations, LLC, ASBCA No. 58366 (Aug. 26, 2013) (non-CDA appeal; no jurisdiction over claim of promissory estoppel because it involves claim of contract implied-in-law and WMATA has not waived sovereign immunity with respect to such claims)

International Oil Trading Co., ASBCA Nos. 57491 et al. (Aug. 19, 2013) (Board has jurisdiction over Government's affirmative defense that contracts were obtained by bribery and were void ab initio)

Baghdadi Swords Co., ASBCA No. 58539 (Aug. 19, 2013) (dismisses appeal for failure to certify claim in excess of $100,000)

Lael Al Sahab & Co., ASBCA No. 58346 (Aug. 2013) (dismisses most of claims for failure to certify claim in excess of $100,000)

Dongbuk R&U Engineering Co., ASBCA No. 58300 (Aug. 13, 2013) (dismisses appeal because agreement obtained through fraudulent misrepresentations was void ab initio)

Baghdad Fallujah Co., ASBCA No. 58489 (Aug. 14, 2013) (dismisses appeal for failure to certify claim in excess of $100,000), motion for reconsideration denied

Honeywell International, Inc., ASBCA No. 57779 (Aug. 7, 2013) (portions of delivery order were illegal or invalid terms that the Board lacks jurisdiction to enforce)

Amina Enterprise Group, LTD, ASBCA Nos. 58547, 58548 (July 24, 2013) (gratuitous statements in pro se appellant's notice of appeal from default termination regarding remedies Board does not have power to grant and future claim do not deprive Board of jurisdiction)

Corporate Systems Resources, Inc., ASBCA No. 58398 (July 11, 2013) (no jurisdiction over claim by subcontractor under Washington Metropolitan Transit Authority prime contract)

Hewlett-Packard Co., ASBCA Nos. 57940, 41 (July 9, 2013) (jurisdiction is appropriate because resolution of appeal only requires interpretation of Army delivery orders, not underlying GSA schedule contract or BPA)

Premier Group, ASBCA No. 58263 (June 21, 2013) (denies Government's motion to dismiss an appeal as untimely because of declaration from appellant's attorney that he placed the notice appeal in a U.S. Postal Service mail receptacle on the 90th day from the day the contractor received the Contracting Officer's decision denying its claim)

TTF, L.L.C., ASBCA No. 58494 (June 19. 2013) (grants contractor's motion to withdraw appeal without prejudice, rending Government's motion to dismiss for lack of jurisdiction moot)

Environmental Safety Consultants, Inc., ASBCA No. 58221 (June 6, 2013) (grants motion to dismiss appeal from refusal to grant progress payment request because underlying claim never submitted to Contracting Officer for decision and was not certified)

Henry Stranahan, ASBCA No. 58392 (May 8, 2013) (Board lacks jurisdiction over appeal from decision to debar contractor)

MAC International FZE, ASBCA No. 56355 (Apr. 23, 2013) (Board lacks jurisdiction over claims for PPA interest because contracts were not with Government (see prior decision) and no claim was first submitted to Contracting Officer)

Impact Associates, Inc., ASBCA No. 57617 (Apr. 19, 2013) (no jurisdiction over claim under FSS Task order because dispute involves interpretation of provisions in FSS contract, itself, which must be decided by GSA schedule CO)

MOQA - AQYOL JV, LTD, ASBCA No. 57963 (Apr. 9, 2013) (denies government motion to disqualify individual from representing contractor before Board because it is based on alleged violation of criminal statute, which individual denies, and which Board lacks jurisdiction to determine)

Servicios y Obras Isetan S.L., ASBCA No. 57584 (Apr. 5, 2013) (dismisses appeal because contract obtained through fraud in the inducement is void ab initio

United Healthcare Partners, Inc., ASBCA No. 58123 (Apr. 2, 2013) (dismisses monetary portion of termination for cause appeal because contractor had not submitted that part of claim to Contracting Officer for decision)

Taj Al Safa Co., ASBCA No. 58394 (Apr. 1, 2013) (dismisses appeal for lack of CDA jurisdiction because it is questionable whether contractor's emails constituted a demand for a Contracting Officer's decision on a claim for a sum certain, but, in any event, there was no certification of amount sought in excess of $100,000)

Shubhada Industries, ASBCA No. 58173 (Mar. 21, 2013) (denies Government's motion to dismiss for lack of jurisdiction; party brining appeal is contracting party which has presented evidence it was licensed to do business at the time of contracting)

Lockheed Martin Services, Inc., ASBCA No. 58028 (Feb. 20, 2013) (denies (for lack of jurisdiction) government motion for partial summary judgment seeking return of license costs previously paid to contractor because there was no underlying Contracting Officer decision asserting the claim)

Tele-Consultants, Inc., ASBCA No. 58129 (Feb. 4, 2013) (Claimant need only allege contract existed in order to establish Board's jurisdiction; whether such a contract actually was formed goes to the merits of the appeal)

Tri-County Contractors, Inc., ASBCA No. 58167 (Nov. 2012) (especially in context of earlier communications on same subject, a request for equitable adjustment addressed to Contracting Officer and seeking "written response," accompanied by CDA certification, constituted CDA claim)

EJB Facilities Services, ASBCA No. 57547 (Oct. 12, 2012) (denies motion to dismiss for lack of CDA jurisdiction based on allegation that person who submitted the claim was former government employee who, prior to his retirement, had participated personally and substantially in the solicitation leading to the award of the contract at issue and, therefore, violated 18 U.S.C. 207(a)(1))

Green Dream Group, ASBCA Nos. 57413 et al. (Sep. 13, 2012) (denies Government's motion to dismiss appeals for lack of jurisdiction; contractor changed its name and then changed its address in Baghdad because of an explosion, but was the same entity that had been awarded original contract)

Utility Construction Co., ASBCA No. 57224 (Aug. 17, 2012) (denies Government's motion to dismiss for failure to prosecute based on appellant's delays)

ERKA Construction Co., Ltd., ASBCA No. 57618 (Aug. 16, 2012) (dismisses one count of complaint for lack of CDA jurisdiction because prior letter to Contracting Officer did not request a decision and was not certified)

Daniel S. Sinclair, Callan E. Sinclair and Cayman C. Sinclair, ASBCA Nos. 56768 et al. (July 16, 2012) (no CDA jurisdiction over claims for "a minimum of" stated amount; Government's termination of lease did not extinguish its contractual obligation to make specified improvement, which was main reason for lessor to enter lease in the first place)

Intermark Managed Services, Inc., ASBCA Nos. 57654, 57655 (June 22, 2012) (denies government motions to dismiss--Board has jurisdiction where joint venture became prime contractor under modified contract and joint venture member was authorized by relevant jv documents to file appeal on behalf of joint venture; where contractor submitted affidavit to board that original claim was certified and, prior to appeal, Contracting Officer repeatedly referred to it as certified claim, Contracting Officer's statements on appeal that those references were a matter of form and that she first noticed after appeal that the claim package did not include certification were unavailing)

Parsons Evergreene L.L.C., ASBCA No. 57794 (June 22, 2012) (dismisses appeal for lack of jurisdiction  because government letter notifying contractor that Government intended to assess liquidated damages, absent an actual assessment and absent notice of appeal rights and statement that it was a final decision, was not an appealable final decision)

TMS Envirocon, Inc., ASBCA No. 57286 (June 18, 2012) (dismisses most claims for failure to comply with CDA's six-year statute of limitations; denies claim for REA preparation costs because prepared in anticipation of litigation, not negotiations, and unreasonable in amount compared to cost of claims); subsequently, affirmed on reconsideration.

NOVA Technology Corp., ASBCA No. 57943 (May 30, 2012) (no jurisdiction over dispute involving cooperative agreement that does not meet FAR definition of a contract)

Caddell Construction Co., ASBCA No. (May 21, 2012) (Board has jurisdiction over contractor's claim for a mistake in bid allegedly induced by the contracting agency's' "confusion" in allegedly failing to designate clearly the applicable Davis-Bacon Act wage determination rate for structural ironworkers on a building construction task order)

Waterstone Environmental Hydrology and Engineering, Inc., ASBCA No. 57557 (Apr. 26, 2012) (dismisses appeal not filed at ASBCA within 90 days of receipt of Contracting Officer's decision--contractor originally appealed to the wrong forum)

CACI, International, Inc., ASBCA No. 57559 (2012) (Board has jurisdiction over appeal from government finding of noncompliance with CAS 403 even though there is no finding of monetary impact of alleged noncompliance)

Triad Mechanical, Inc., ASBCA No. 57971 (Apr. 13, 2012) (dismisses appeal for lack of CDA jurisdiction because termination for convenience settlement proposal submitted by contractor was not a claim despite the facts that contractor had labelled it as such and government had requested additional documentation before completing its audit of proposal)

A-1 Horton's Moving Service, Inc., ASBCA No. 57750 (Apr. 6, 2012) (denies government motion to dismiss for lack of jurisdiction; claim for breach of transportation services contract when no services have been provided, as opposed to claim for monies due once services under such agreement have been provided, is governed by CDA rather than section 3726 of Transportation Act); affirmed on reconsideration

Ironhorse Ltd., ASBCA No. 57866 (Apr. 4, 2012) (reminder letter sent three months after submission of original REAs to Contracting Officer converted those REAs into claims filed within CDA's six-year statute of limitations)

SWR, Inc., ASBCA No. 56708 (Mar. 19, 2012) (denies government motion to dismiss for lack of jurisdiction; contractor took sufficient steps under 11 U.S.C. 1123 to preserve its claim in bankruptcy by adequately disclosing the claim in its reorganization plan and disclosure statement)

Basirat Construction Firm, ASBCA Nos. 56808 et al. (Feb. 16, 2012) (dismisses appeal over contractor's objections based on prior, valid settlement agreement)

Muhtesem Co., ASBCA No. 57538 (Feb. 7, 2012) (grants motion to dismiss (for lack of jurisdiction) the following elements of damages claimed to result from Government's late final payment under contract: interest on borrowing; loss of reputation; and loss of anticipatory profits on other business opportunities)

ACR Machine, Inc., ASBCA No.57762 (Feb. 2, 2012) (contractor's email to Contracting Officer requesting an extension of 120 days, from the date of  the reply, to a purchase order is a "request for an adjustment in contract terms" under the definition of a claim in the "Disputes" clause  (FAR 52-233.1) and, thus, is a claim under the CDA)

The Boeing Co., ASBCA No. 57490 (Jan. 6, 2012) (dismisses government claim against contractor because Contracting Officer's decision on claim  not issued within six-year statute of limitations of CDA (41 U.S.C. § 7103(a)(4)(A), formerly 605(a))

Quimba Software, Inc., ASBCA No. 57636 (Dec. 19, 2011) (dismisses untimely appeal; receipt of Contracting Officer's decision by email does not extend 90-day period for filing appeal)

Harry Richardson, ASBCA No. 57582 (Dec. 9, 2011) (no jurisdiction because no claim submitted to Contracting Officer)

Sharp Electronics Corp., ASBCA No. 57583 (Dec. 6, 2011) (no jurisdiction because claim should have been submitted to CO of GSA schedule contract rather than the CO of agency placing delivery order under the schedule contract)

Office Automation & Training Consultants, ASBCA No.56838 (Nov. 21, 2011) (no jurisdiction over theory of recovery first presented to Board as part of motion for reconsideration and never presented to Contracting Officer)

Broadway Consolidated Companies, Inc., ASBCA No. 56905 (Nov. 14, 2011) (company in Chapter 7 bankruptcy lacks standing to pursue appeal, which is dismissed for lack of jurisdiction)

Special Operative Group, LLC, ASBCA No. 57678 (Oct. 19, 2011) (dismisses progress payment request in excess of $100,000 for lack of CDA jurisdiction because it did not include CDA certification and progress payment certification it did include is not adequate substitute)

Charles Mullens, ASBCA Nos.  56927, 57432 (Oct. 13, 2011) (in non-CDA concession contract, no jurisdiction over an appeal from no-fault termination  absentan underlying claim)

Zafer Taahut Insaat ve Ticaret A.S., ASBCA No. 56770 (Sep. 14, 2011) (denies government motion to dismiss and holds contractor's submission met the requirements for a claim (certified, request for CO's decision, sum certain) under the CDA)

Tiger Enterprises, Inc., ASBCA No. 57447 (Aug. 5, 2011) (contractor failed to submit claim to Contracting Officer requesting decision in sum certain on disputed invoices)

Ball Aerospace & Technologies Corp., ASBCA No. 57558 (July 20, 2011) (claim containing following language adequately claimed a sum certain within meaning of CDA: "[t]his claim is for the sum certain amount of$72,730.29 relating to fiscal year CFY') 2003 costs that the government has failed to reimburse, plus future costs to be incurred using the FY 2003 indirect rates at issue and interest under the CDA")

Connectec Co., ASBCA No. 57546 (July 12, 2011) (dismisses appeal from modification (stating that purchase order had lapsed) because the contractor did not first to file claim with Contracting Officer)

lCME Group, Inc., ASBCA No. 57446 (June 23, 2011) (Board lacks jurisdiction over appeal from termination for convenience because such an action, standing alone, is not a government claim)

Maria Lochbrunner, ASBCA Nos. 57235, 57236 (June 13, 2011) (dismisses appeals filed more than 90 days after receipt of contracting officer's decision as untimely)

HomeStar Services Inc., ASBCA No. 57194 (May 13, 2011) (dismisses appeal from default termination for lack of jurisdiction because dissolved corporation lacked the capacity to accept the purchase order that was the subject of the appeal)

Green Dream Group, ASBCA No. 57413 (Apr. 4, 2011) (Board refuses to dismiss appeal: authorized individual signed certification, which was correctable even though defective)

Basirat Construction Firm, ASBCA No. 56809 (Mar. 8, 2011) (dismisses claim not first presented to the Contracting Officer for decision)

AmerescoSolutions, Inc., ASBCA Nos.  56824, 56867 (Mar. 4, 2011) (delivery order issued by DESC pursuant to a DOE contract was a separate DoD contract over which the ASBCA had CDA jurisdiction on appeal)

Precision Standard, Inc., ASBCA No. 55865 (Jan. 20, 2011) (dismisses claim for lack of CDA jurisdiction because it does not contain sum certain)

C.E.M.E.S. S.p.A., ASBCA Nos. 56253, 57355 (Dec. 29, 2010) (dismisses one appeal for lack of a CDA certification and denies another because the Contracting Officer did not change the sequence of work and, although the contractor was worried about the presence of unexploded ordnance in the construction site and took extra precautions based on its fears, it did not encounter any and, therefore, could not recover for a Differing Site Condition)

Shaw Environmental, Inc., ASBCA No. 57237 (Dec. 16, 2010) (strikes allegations from complaint that were not part of original claim to Contracting Officer)

Thorington Electrical and Construction Co., ASBCA No. 56997 (Dec. 13, 2010) (in firm, fixed-price construction contract, absent EPA clause, contractor not entitled to recover its increased costs for asphalt caused by unusually large spike in gasoline prices)

Parsons Global Services, Inc., ASBCA No. 56731 (Dec. 3, 2010) (dismisses appeal for lack of CDA jurisdiction because contractor omitted all required steps for claiming subcontract indirect costs and, therefore, Government was never in a position to 'dispute' any of these costs)

Tefirom Insaat Enerji Sanayi ve Ticaret A.S.,  ASBCA No. 56667 (Nov. 29, 2010) (dismisses appeal for lack of CDA jurisdiction because there was no certification of a claim in excess of $100,000)

Kelly-Ryan, Inc., ASBCA No. 57168 (Nov. 29, 2010) (denies Government's motion to dismiss as premature (or, alternatively to stay proceedings concerning) an appeal from a deemed denial of a $ 36 million claim of more than 3,500 pages after the Contracting Officer informed the contractor that a decision would require a year from the time the claim was originally submitted)   

Cardinal Maintenance Service, Inc., ASBCA No. 56885 (Nov. 24, 2010) (dismisses portion of claims time barred by CDA's six-year statute of limitations)

Western Plains Disposal, ASBCA No. 56986 (Nov. 24, 2010) (refuses to dismiss appeal for lack of jurisdiction because submission of Certification of Current Cost of Pricing Data instead of CDA certification was a correctable error)

MAC International FZE, ASBCA No. 56366 (Oct. 29, 2010) (Board lacks jurisdiction over claim for payment pursuant to orders under ID/IQ contract between contractor and Coalition Provisional Authority ("CPA"), funded with Iraqi funds, for delivery of vehicles because CPA is not U.S. government agency)

Utility Construction Co., ASBCA No. 57224 (Oct. 27, 2010) (claim that stated amount claimed satisfied CDA requirement for a sum certain, even though the Government complained it could not ascertain how the delay portion of the claim was calculated)

A. Montano Electrical Contractor, ASBCA No. 56951 (Oct. 27, 2010) (Board lacks CDA jurisdiction over direct claim by subcontractor for monies allegedly owed by prime where sub's claim is not sponsored by prime or surety)

Systems Development Corp., ASBCA No 56682 (Oct. 15, 2010) (dismisses claim that accrued more than six years before it was submitted to Contracting Officer)

Inchcape Shipping Services, ASBCA No. 57152, et al. (Oct. 14, 2010) (whether case involves maritime contracts, and, therefore, admiralty jurisdiction)

Sygnetics, Inc., ASBCA No. 56806 (Oct. 12, 2010) (dismisses appeal for lack of CDA jurisdiction because the original certification was not signed)

JRS Management, ASBCA No. 57238 (Oct. 4, 2010) (laches bars claim)

Northrop Grumman Systems Corp, Space Systems Division, ASBCA No. 54774 (July 23, 2010) (alternative legal theory first raised in post-hearing briefs but based on same operative facts as theory in original claim is not a new claim; Board lacks jurisdiction over improper exercise of option claim because it is not encompassed by claim submitted to Contracting Officer; portion of appeal involving allegations not stated in sum certain is severable from remainder of claim and, therefore, does not require dismissal of that claim)

J. P. Donovan Construction, Inc., ASBCA No. 55335 (July 16, 2010) (dismisses entire claim as lacking a sum certain after contractor stated it would be adding an approximate amount of G&A expenses onto its subcontractor's sum certain claim)

Colonna's Shipyard, Inc., ASBCA No. 56940 (June 24, 2010) (Board lacks jurisdiction to grant request for specific performance or injunctive relief, i.e., board cannot order Government to change contractor's performance rating; board can determine whether performance rating breached a contract requirement or provision)

Versar, Inc., ASBCA No. 56857 (May 6, 2010) (definition of CDA claim; no jurisdiction over contractor's request that Board order the Government rescind "red" performance rating)

Inchcape Shipping Services, ASBCA Nos. 57152 - 57160 (May 6, 2010) (denies government motion to remove set of nine appeals from the Rule 12.3 accelerated docket because the choice to use accelerated procedures under the CDA is the contractor's)

Lasmer Industries, Inc. ASBCA Nos. 56946, 56966 (Apr. 26, 2010) (refuses to dismiss appeal based on deemed denial of claim for issuance of "no cost" termination based upon allegedly impossible specifications)

Starwin Industries, Inc., ASBCA No. 56720 et al. (Apr. 22, 2010) (lack of jurisdiction over quantum portion of claim appealing default termination, which had not been submitted to Contracting Officer for decision)

Hanley Industries, Inc., ASBCA No. 56976 (Apr. 22, 2010) (letter from Contracting Officer revoking acceptance of items under the Inspection clause and reserving the Government's right to quantify the amount it associated with this action at a later date was not a CDA claim and could not be appealed)

Guy W. Parker d/b/a Parker International, ASBCA No. 56928 (Apr. 5, 2010) (no jurisdiction over claim not submitted to Contracting Officer for decision; res judicata bars claim previously litigated at the Board)

Bernard Cap Co., ASBCA Nos. 56679, et al. (Feb. 19, 2010) (dismisses most claims as time barred by CDA statute of limitations)

Todd Pacific Shipyards Corp., ASBCA Nos. 55126, 56910 (Feb. 1, 2010) (lack of jurisdiction over revised claim not submitted to Contracting Officer for decision; CDA statute of limitations; when claim for breach of "Allowable Cost and Payment Clause  accrues)

Wimberly, Allison, Tong & Goo, ASBCA No. 56432 (Jan. 28, 2010) (Board lacks jurisdiction over government claim that Contracting Officer rescinded after appeal to Board was filed because the claim was contingent, rather than in a sum certain)

Rahil Exports, ASBCA No. 56832 (Jan. 11, 2010) (dismissed for lack of jurisdiction because subcontractor had no privity of contract with Government either through an alleged agency relationship with prime or through a quantum meruit recovery via an implied-in-fact contract)

Smoke Blotter, Inc., ASBCA No. 56933 (Jan. 7, 2010) (no jurisdiction over protest of task order award)

Unconventional Concepts, Inc., ASBCA Nos. 56065, et al. (Dec. 28, 2009) (lack of Contracting Officer's decision on government claims)

McDonnell Douglas Services, Inc., ASBCA No. 56568 (Dec. 2, 2009) (Government's defective pricing claims against subcontractor time-barred by CDA's six year statute of  limitations)

Parsons-UXB Joint Venture, ASBCA No. 56481 (Nov. 5, 2009) (denies government motion to dismiss for lack of jurisdiction; CDA statute of limitations; contingent claim amount)

HGI Skydyne, ASBCA Nos. 56108, 56664 (Nov. 3, 2009) (dismisses claim for lack of jurisdiction because it is based on the same operative facts as claim that contractor failed to appeal in timely manner)

Wimberly, Allison, Tong & Goo, Inc. ASBCA No. 56432 (Oct. 29, 2009) (dismisses appeal for lack of jurisdiction after Contracting Officer rescinded his decision on government claim against contractor)

KBJ Architects, Inc., ASBCA No. 56434 (Oct. 26, 2009) (dismisses appeal for lack of jurisdiction after Contracting Officer rescinded his decision )

DynCorp International LLC, ASBCA No. 56078 (Oct. 20, 2009) (knowledge of mistake; accrual of claim; continuing claim doctrine; separate claim for each option year)

DTS Aviation Services, inc. ASBCA No. 56352 (Oct. 14, 2009) (denies cross motions for summary judgment on issues whether claim is time barred by CDA statute of limitations, by doctrine of accord and satisfaction, or by the notice provision of the "Price Adjustment" clause)

HMRTECH2, LLC., ASBCA 56829 (Oct. 9, 2009) (finds CDA jurisdiction over claim that Government's interpretation of contract clause would improperly deprive contractor of future task orders under contract)

Montage, Inc., ASBCA No. 56796 (Oct. 7, 2009) (sufficiency of notice of appeal and complaint)

Public Warehousing Co., K.S.C., ASBCA No. 56888 (Sep. 25, 2009) (Contracting Officer's statement that she would issue a decision on a stated date certain was not "illusory" even though she also stated that one of the reasons she could not issue a decision sooner was the pendancy of an ongoing government fraud investigation; Contracting Officer's statement that a claim would be decided in five months was not unreasonable given the size and complexity of the claim)

Guy W. Parker d/b/a Parker International, ASBCA No. 56742 (Sep. 21, 2009) (dismisses appeal on one claim as untimely and dismisses appeal on another dispute because no CDA "claim" was ever filed with the Contracting Officer)

Vibration and Sound Solutions Limited, ASBCA No. 56240 (Sep. 15, 2009) (procedure; motion to strike portions of complaint as not being part of claim originally submitted to Contracting Officer)

Steven Allen Fiamengo, MD, ASBCA No. 56668 (Aug. 13, 2009) (dismisses for lack of CDA jurisdiction a non-certified claim in excess of $100,000 that was never submitted to Contracting Officer)

Madison Lawrence Inc., ASBCA No. 56551 (Aug. 13, 2009) (CDA jurisdiction; requisites for a valid claim; deemed denial)

FitNet International Corp., ASBCA No. 56605 (July 23, 2009) (denies Government's motion to dismiss; Contracting Officer's decision on contractor's claims effectively was a reconsideration of earlier default termination decision)

Free & Ben, Inc., ASBCA No. 56129 (Apr. 14, 2009) (termination for default; denies cross motions for summary judgment; Government's duty to cooperate with contractor in its performance; appeal of Contracting Officer's failure to issue decision on claim)

Ironhorse, Ltd., ASBCA No. 56455-920 (Mar. 5, 2009) (requirements for a CDA claim; order directing contracting officer to issue decision on claims; lack of certification on one claim; failure of contractor to sign emails supplementing certain claims)

Sundt Construction, Inc. ASBCA No. 56293 (Feb. 23, 2009) (Board has jurisdiction to enforce term of settlement agreement requiring that Government give contractor a specified performance rating in return for dropping claims)

KiSKA Construction Corp.-USA and Kajima Eng'g and Construction, Inc., a JV, ASBCA Nos. 54613, 54614 (Feb. 19, 2009) (non-CDA claim; non-CDA "Disputes" clause; release of retainage; changes claims)

Robinson Quality Constructors, ASBCA No. 55784 (2008) (CDA's six-year statute of limitations bars claim)

ACC Construction Co., ASBCA No. 56451 (2008) (no board jurisdiction over portion of prayer for relief in Complaint that seeks return of liquidated damages when original claim was only for contract interpretation)

Atherton Construction, Inc., ASBCA No.  56040 (2008) (accrual of claim; statute of limitations; presentation of claim to Contracting Officer; requirements for notice of claim in presentation to Contracting Officer; equitable adjustment under Government Property clause)

RC Fluid Engineering, Inc., ASBCA No. 56228 (2008) (dismisses appeal against bad faith failure to exercise an option for lack of jurisdiction because it was actually a bid protest against award of a sole source contract to appellant's competitor)

KAMP Systems, Inc. ASBCA No. 54253 (2008) (Board lacks CDA jurisdiction over claims in contractor's revised complaint that had not been submitted to the Contracting Officer for a decision)

Corners and Edges, Inc. ASBCA Nos. 55767, 56277 (2008) (CDA; ASBCA jurisdiction versus CBCA jurisdiction; government mishandling of mailed claim)

Qatar International Trading Co., ASBCA No. 55518 (2008) (responsibility for payment for unauthorized calls made on phones delivered to Government; tort issues raised as a government defense; jurisdiction over tort claims)

Dick Pacific, GHEMM, JV, ASBCA No. 55829 (2008) (grants Government's motion to dismiss for lack of jurisdiction to the extent of striking the portions of the contractor's complaint concerning the release of liquidated damages and other payment withholdings and that seek damages and costs based upon alleged breach of duty, contract breach, cardinal or other contract change, and constructive termination for convenience principles)

SET Dis Ticaret ve Sanayi Limited Sirketi, ASBCA No. 56428 (2008) (dismisses untimely appeal filed more than a year after the Contracting Officer's decision for lack of CDA jurisdiction)

Robertson & Penn, Inc., ASBCA No. 55622 (2008) (date of accrual of claim for purposes of six-year statute of limitations; elements of claims of government misrepresentation and mutual mistake of fact; failure of government to designate contractor as its agent)

Lasmer Industries, Inc., ASBCA No. 56411 (2008) (requirements for appealable Contracting Officer's decision)

CANVS Corp., ASBCA No. 56347 (2008) (definition of "contractor" for purposes of CDA; patent infringement)

Fuel Tank Maintenance Co., LLC, ASBCA Nos. 54402, 54516 (2008) (Type 2 differing site condition; claim for concrete demolition; definition of claim; request for contracting officer decision)

Teknocraft, Inc., ASBCA No. 55438 (2008)(jurisdiction; failure to certify)

Total Procurement Service, Inc. ASBCA Nos. 54163, 55821 (2008) (CDA jurisdiction; failure to state a sum certain in claim; failure to prove damages from breach)

Qatar International Trading Co., ASBCA No. 55533 (2008) (lack of CDA jurisdiction over claim for Government's loss of bulldozer after it towed the dozer from an accident site)

Eagle Alliance, ASBCA No. 56315 (2008) (ASBCA has jurisdiction over NSA contract appeals)

Mr. Michael Ronchetti and RFIDcomplete, LLC. ASBCA No. 56201 (2008) (lack of CDA jurisdiction over subcontractor's unsponsored appeal)

Southwest Marine, Inc., ASBCA No. 54550 (2008) (maritime dispute; credit due Government as a result of forgiveness by creditors of certain contractor debts; necessity for Contracting Officer's decision on government claim)

Northrop Grumman Ship Systems, Inc., ASBCA No. 55616 (2008) (CDA Jurisdiction; deemed denial of claim)

SUFI Network Services, Inc., ASBCA No. 55948 (2008) (non-appropriated funds instrumentality contract, timeliness of claim, notice of claim, laches, final payment)

Doyon Properties-American, JV, ASBCA No. 55842 (2007) (prime's failure to certify sponsored subcontractor claim)

Lockheed Martin Corp., ASBCA No. 55786 (2007) (CDA jurisdiction; no claim to the Contracting Officer)

Alutiiq, LLC, ASBCA No. 55672 (2007) (CDA jurisdiction: deemed denial)

KAMP Systems, ASBCA No. 55317 (2007) (CDA jurisdiction: 90 day time limit for appeal)

Local Communications Network, Inc., ASBCA No. 55154 (2007) (CDA jurisdiction: unquantified claims; incorporation of clauses by operation of law)

Rex Systems, Inc. ASBCA No. 54436 (2007) (lack of sum certain in claim) 

Cubic Defense Applications, Inc., ASBCA No. 56097 (2007) (failure of KO to issue decision within reasonable time)

Diamond Roofing Co., ASBCA No. 55847 (2007) (subcontractor claim; lack of jurisdiction)

DLT Solutions, Inc., ASBCA No. (2007) (timeliness of appeal to Board)

Maersk Line, Ltd., ASBCA No. 55391 (2007) (CDA jurisdiction)

Eimskipafeleg Island, ehf, ASBCA No. 55209 (2007) (CDA jurisdiction)

Business Managements Research Assocs., ASBCA Nos. 55309, 55862 (2007) (CDA jurisdiction; certification)

Bruce E. Zoeller, ASBCA No. 55654 (2007) (CDA claim; definition of claim)

ESA Environmental Specialists, Inc., ASBCA No. 55620 (2007) (Tardy appeal from Contracting Officer's decision)

Factek, LLC, ASBCA No. 55345 (2007) (CDA jurisdiction)

HAM Investments, LLC, ASBCA No. 55070 (2007) (CDA jurisdiction)

Business Managements Research Assocs., ASBCA No. 55309  (2007) (CDA jurisdiction; promissory estoppel)

Environmental Safety Consultants, Inc., ASBCA No. 54615 (2007) (CDA--Timeliness of claim)

Lockheed Martine Aircraft Center, ASBCA No. 55164 (2007) (CDA Jurisdiction--Sum Certain) 

Dick Pacific//GHEMM JV, ASBCA Nos. 55562, 55563 (2007) (CDA Jurisdiction--Timeliness)

KAMP Systems Inc., ASBCA No. 55317 (2006) (CDA Jurisdiction--Timeliness)

Todd Pacific Shipyards Corp., ASBCA No. 55126 (2006) (sufficiency of claim statement)

HAM Investments, LLC, ASBCA No. 55070 (2006) (jurisdiction--Privity of Contract)

Sullivan Marina & Campground, L.L.C., ASBCA No. 55355 (2006) (claim statement)

Emerson Constr. Co., ASBCA No. 55165 (2006) (CDA Six-Year Statute of Limitations)

GAP Instrument Corp., ASBCA No. 55041 (2006) (scope of claim; request for sum certain; lost profits)

 

Contract Interpretation; Mistake; Changes; Breach; Contracting Officer's Authority; Defective Specs; Differing Site Condition; Miscellaneous Price Adjustment Clauses

Optex Systems, Inc., ASBCA No. 58220 (Nov. 6, 2014) (by its own terms, bilateral modification was neither a release nor an accord and satisfaction of the contractor's claims involved in this appeal)

New Iraq Ahd Co., ASBCA No. 58768 (Oct. 17, 2014) (no jurisdiction over claim raised for first time on appeal; bilateral modification operated as accord and satisfaction and allegation that Contracting Officer threatened convenience termination to induce contractor to sign it does not rise to level of duress)

Tug Hill Construction, Inc., ASBCA No. 57825 (Oct. 16, 2014) (implied covenant of good faith and fair dealing did not require Government to help the contractor perform work it was expressly assigned to accomplish by the contract; contractor's claim of Government's superior knowledge fails because contractor had the opportunity to gain that knowledge on its own before bidding the job) 

Gerald R. Rouillard, d/b/a International Gear Technologies, ASBCA No. 58459 (Oct.8, 2014) (upholds default termination; alleged illness of contractor's President's father does not excuse default; contractor failed to establish four of five required showings for mistake in bid defense)

Laguna Construction Co., ASBCA No. 58324 (Sep. 23, 2014) (contractor's receipt of kickbacks from subcontractors constituted criminal fraud and material breach which extinguished Government's obligation to make further contract payments)

Al Bahar Co. , ASBCA No. 58416 (Aug. 4, 2014) (no credible evidence contractor performed, or Government accepted, work in dispute)

PBS&J Constructors, Inc., ASBCA Nos. 57814, 57964 (July 25, 2014) (denies Type I Differing Site Conditions claim in part because contractor did not provide evidence of its precontract reliance on the indications of the site condition in the solicitation or that the conditions at the site were different, at that time, from those indicated in the solicitation; denies changes claim because contract unambiguously required deep footings under balconies and exterior walkways and Government was within its rights to require strict compliance with these specifications, so denying contractor's requests to deviate was not a breach of duty to cooperate with contractor)

Classic Site Solutions, Inc., ASBCA Nos. 58375, 58572 (July 2014) (Government not bound by summary level, preaward project schedule in bidder's proposal when clear solicitation requirements established a different time for the event in dispute)

Iron Bow Technologies, LLC, ASBCA No. 59181 (July 9, 2014) (monetary amount of Contracting Officer's warrant was sufficient to give him authority to execute contract and options at issue in appeal)

Classic Site Solutions, Inc., ASBCA Nos. 58376, 58573 (June 26, 2014) (Government's was only reasonable interpretation of MIX DESIGN paragraph in construction contract specs)

Kellogg Brown & Root Services, Inc., ASBCA Nos. 56358, et al. (June 17, 2014) (dismisses one government claim as untimely under CDA's statute of limitations; finds for contractor on other government claims because contractor's costs of hiring private security companies to provide protection not adequately afforded by Government in Iraq were reasonable and allowable)

American General Trading & Contracting, WLL, ASBCA No. 56758 (Apr. 23, 2014) (no evidence government had agreed in implied-in-fact cost reimbursable contracts for the provision of laundry services)

Thefaf Al-Rafidain Contracting Co., ASBCA No. 59014 (Apr. 4, 2014) (denies claim because Government satisfied minimum order requirements of IDIQ contract)

CCI, Inc., ASBCA No. 57316 (Mar. 14, 2014) (denies Type I differing site condition claim because any absolute reliance on the limited and qualified indications concerning site conditions in the contract would have been unreasonable, the contractor did not prove it relied on those indications, and, even if it did so, its interpretation of those indications was not reasonable)

Safety Training Systems, Inc., ASBCA Nos. 57095, 57166 (Jan. 23, 2014) (contract placed risk of increased shipping costs on contractor; declines to apply Christian doctrine to insert FAR 52.245-2 (Government Property) in contract for commercial items; finds implied warranty that government-supplied equipment would be fit for its intended use; contractor's evidence of duration of delays caused by breach of that warranty was "spotty")

DayDanyon Corp., ASBCA Nos. 57611, 57681, 57717 (Jan. 22, 2014) (where FAR 52.216-18 "Ordering" clause defined the period for ordering supplies as the "DATE OF CONTRACT AWARD . . . THROUGH: TWO (2) YEARS," and FAR 52.216-22(d) "Indefinite Quantity" clause provided: "the Contractor shall not be required to make any deliveries under this contract after Two Years," the clauses, having different purposes, were not in conflict, and, if they were, it was a patent ambiguity about which the contractor should have inquired prior to bidding)

All Star Technical Services, Inc., ASBCA Nos. 58668, 58772 (Jan. 7, 2014) (contract clause covering responsibility for damage to specific item in dispute controls over clause covering responsibilities for damage in general)

PAW & Assocs., LLC, ASBCA No. 68634 (Nov. 22, 2013) (Government did not breach ID/IQ contract by failing to award specific task order to contractor under option period because it had already met its obligation to order minimum quantity; Board retains jurisdiction over contractor's claims that Government (i) breached an implied-in-fact contract duty to provide the contractor a fair opportunity to be considered for issuance of a task order, in violation of FAR § 16.505(b)(1), and (ii) breached the underlying ID/IQ contract by failing to protect the proprietary information in the contractor's task order proposal)

Tiger Enterprises, Inc., ASBCA Nos. 57974, 58313 (Oct. 8, 2013) (Government properly continued to make lease payments to bank/assignee under bridge contract rather than making payments directly to contractor)

BYA International, LLC, ASBCA Nos. 58031, 58341 (Sep. 23, 2013) (contractor did not follow contract requirements for obtaining approval to use different method than specified for constructing exterior walls)

Mylene Will Co., L.L.C., ASBCA No. 58154 (Sep. 18, 2013) (denies Type I Differing Site Condition claim because contractor did not prove it was damaged by differing conditions)

B.A.E. Systems Technology Services , ASBCA No. 57581 (Sep. 18, 2013) (uses principles of contract interpretation to conclude that, although the contract was not a "model of clarity," it established that repair of generator damaged during fire was covered by cost reimbursable depot maintenance/repair CLIN rather than fixed-price organizational and intermediate maintenance/repair CLIN)

Optimum Services, Inc., ASBCA No. 57575 (Sep. 10, 2013) (contractor failed to prove elements for Type I Differing Site Condition and was the one primarily responsible for project delays involving submittal reviews)

Dragados USA, Inc., ASBCA No. (Aug. 29, 2013) (uses rules of contract interpretation to arrive at the plain meaning of a specification paragraph at issue between the parties)

EJB Facilities Services, ASBCA No. 57547 (Aug. 28, 2013) (pricing of deductive change should be based on  contractor's estimated costs to perform the deleted work (which relied on actual historical costs of performance) rather than contractor's original proposal) 

Bluebird Communications, Inc., ASBCA No. 58379 (July 16, 2013) (grants Government's motion for summary judgment and denies contractor claim for allegedly unamortized capital improvement costs based on a theory of mutual mistake) 

Atlantic Dry Dock Corp., ASBCA No. 54936 (June 20, 2013) (denies claim for alleged extra painting for unexpected vertical square footage area on a ship because there was no proof the Government had superior knowledge as to that actual square footage and no clear proof of a trade practice to include a contingency of 20% for such painting in a bid)

Jaynes Corporation, ASBCA No. 58385 (May 7, 2013) (Government's improper interpretation of ASTM A135 pipe specification led to improper rejection of Schedule 40 pipe submitted by contractor)

Strand Hunt Construction, Inc., ASBCA No. 55905 (Apr. 11, 2013) (contract completion date was date originally proposed by contractor and accepted by Government, despite the fact, in modifications, that both parties erroneously continued to refer to the completion date in the solicitation until the dispute arose; contractor is entitled to remission of liquidated damages to the extent (i) unreasonable portion of stop work order and (ii) Contracting Officer's failure (a) to act within reasonable period of time to resolve punchlist items and (b) to concede beneficial occupancy occurred at same time as substantial completion)

Glasgow Investigative Solutions, Inc., ASBCA No. 58111 (Apr. 9, 2013) (grants Government's motion for summary judgment that options were properly exercised; rejects contractor's contention that FAR 52.217-8 (Option to Extend Services) can only be used to extend the contract term after all other options have been fully exercised and is intended only for situations at the end of a contract where the Government needs extra time to transition to a new contractor)

Raytheon Missile Systems Co., ASBCA No. 57594 (Mar. 18, 2013) (imputes DESC jet fuel price increase to contracting party, NAVAIR; in failing to reimburse contractor for increases in price of jet fuel, NAVAIR breached implied duty not to hinder or interfere with performance by subjecting contractor to price increases for purposes outside the set of risks it assumed in its fixed-price contract), affirmed on recon

Jaynes Corp., ASBCA No. 58288 (Feb. 15, 2013) (rules of contract interpretation; contractor entitled to equitable adjustment because Government's interpretation of contract rendered portions of it "inoperative, meaningless, and useless")

Colorado River Materials, Inc., d/b/a NAC Construction, ASBCA No. 57751 (Feb. 2013) (settlement agreement that applied to "all claims and all potential claims" related to contract acted as accord and satisfaction; no evidence in record to support contention that Government led contractor to believe claim was excepted from agreement and still being considered by Government)

ThinkQ, Inc., ASBCA No. 57732 (Jan. 24, 2013) (Government's is only reasonable interpretation of "Placing Orders" clause)

ECC, International, ASBCA No. 55781 (Dec. 28, 2012) (denies claims for various constructive changes (defective government-furnished property, interference with performance, and acceleration) allegedly causing delays on construction contract)

BAE Systems San Francisco Ship Repair, ASBCA No. 57934 (Nov. 26, 2012) (Government did not breach duty to cooperate with contractor by taking too long to approve request made by contractor because the contractor did not inform the Government of the urgency of the request)

R.L. McDonnell Construction, ASBCA No. 56262 (Oct. 22, 2012) (denies construction contractor's claim for extra costs because SOW was not ambiguous; there was no Differing Site Condition; the drawings were not defective; and the Government did not fail to cooperate)

APAC Southeast, Inc., n/k/a Oldcastle Southern Group ASBCA No. 58057 (Sep. 27, 2012) (grants Government's motion for summary judgment because FAR allows FAR 52.217-8 Government to extend contract briefly beyond its term, including options, pursuant to FAR 52.217-9)

NDG Constructors, ASBCA No. 57328 (Aug. 21, 2012) (contractor failed to prove it encountered Type I Differing Site Conditions in the form of different soil profile, soil with different characteristics, or increased soil moisture conditions)

Teresa A. McVicker, P.C., ASBCA Nos. 57487, 57643 (Aug. 16, 2012) (Government's purported partial convenience termination merely ratified Government's prior breach of covenant of good faith and fair dealing in inducing contractor to enter into contract and hire specific employees without disclosing that the Government intended to bring those employees (and the associated work) in house)      

Lear Siegler Services, Inc., ASBCA No. 57264 (Aug. 1, 2012) (sustains appeal; unilateral modification to task order under Air Force ID/IQ contract for aircraft and depot maintenance at National Guard aviation facilities was a compensable change because it increased the agreed maintenance workload beyond that required by performance work statement)

Daniel S. Sinclair, Callan E. Sinclair and Cayman C. Sinclair, ASBCA Nos. 56768 et al. (July 16, 2012) (no CDA jurisdiction over claims for "a minimum of" stated amount; Government's termination of lease did not extinguish its contractual obligation to make specified improvements, which was main reason for lessor to enter lease in the first place)

MCC Construction Corp., ASBCA No. 57400 (July 16, 2012) (phrase "subsequent contracting opportunities" in section 713(b) of Small Business Competitiveness Demonstration Program Act of 1988 means solicitation for a contract rather than request for task order proposal)

GaN Corp., ASBCA No. 57834 (July 13, 2012) (under "Payments" clause, contractor was entitled to be paid at the pre-established hourly rates for the number of hours actually worked by employees, even if salaried employees are not paid extra for working extra hours)

Eastern New Mexico University -- Roswell, ASBCA No. 57110 (June 22, 2012) (contract interpretation--contract was not enforceable ID/IQ or requirements contract; therefore, contractor's claim for shortfall in expected students is dismissed; other claims (for extra work) involve material issues of fact that preclude summary judgment)

International Oil Trading Co., ASBCA Nos. 57491, 57492 (June 22, 2012) (contract interpretation--Government's inspection method did not substantially comply with unambiguous requirement of "Quantity Determination" clause of fuel delivery contract, and no extrinsic evidence can be admitted to vary that method; contractor was not required to submit weighbridge ticket with each delivery), decision clarified on Government's motion for reconsideration

Strand Hunt Construction, Inc., ASBCA No. 55904 (June 21, 2012) (high temperatures encountered by contractor in building were contemplated by the specifications and, therefore, were neither a constructive change nor a Type I Differing Site Condition; interpretation never advanced by contractor before appeal and not until very last opportunity during appeal is not entitled to any weight)

Paradigm II, LLC, d/b/a JB Carpet & Upholstery Care, ASBCA No. 55849 (June 8, 2012) (failure of proof on unabsorbed overhead claim), contractor's subsequent motion for reconsideration denied

Cubic Transportation Systems, Inc., ASBCA No. 57770 (June 1, 2012) ("Pricing of Adjustments" and "No Waiver of Sovereign Immunity" clauses in contract with metropolitan transportation authority preclude recovery of interest on late payments) 

UniTech Services Group, Inc., ASBCA No. 56482 (May 22, 2012) (denies claim for decommissioning and other costs, sometimes referred to as unamortized and stranded costs, arising from the closing of contractor's nuclear laundry facility in Hawaii; no evidence of implied-in-fact contract; express contract covering same subject area precludes alleged implied-in-fact contract; no recovery under express contract under theories of failure to disclose superior knowledge, breach of covenant of good faith and fair dealing, or equitable estoppel), subsequent motion for reconsideration denied

Hartman Walsh Painting Co., ASBCA No. 57832 (Apr. 24, 2012) (denies claim because contractor failed to prove first element of misrepresentation claim, i.e., that Government made an erroneous representation of material fact)

Top Painting Co., ASBCA No. 57333 (Apr. 18, 2012) (denies contractor's claim for Differing Site Condition because it failed to conduct pre-award site visit, conditions were visible (thus neither subsurface nor latent) and contract required contractor to deal with conditions of this type)

Valley Apparel, LLC, ASBCA No. 57606 (Apr. 10, 2012) (denies appeal because statement regarding "anticipated" requirements in solicitation for indefinite quantity contract for supply of various sizes of parkas did not guarantee Government would order stated percentages of each size) 

Weigel Hochdrucktechnik GmbH & Co. KG, ASBCA No. 57207 (Mar. 15, 2012) (contract performed in Spain; Government failed to prove that water testing it required contractor to perform was required by contract or by Spanish law; denies claim for waterproofing containers because Government merely acquiesced in contractor's first (and ultimately unsuccessful) suggested method for doing so, without waiving contract requirement)

M.E.S., Inc. ASBCA Nos.  56149. et al (Feb. 22, 2012) (various construction contract claims for changes and compensable delays; sovereign acts; concurrent delays; extended field and home office overhead; standards of proof)

Hartman Walsh Painting Co., ASBCA No. 57742 (Feb. 17, 2012) (denies contractor's claim for extra work on painting contract; Government's approval of submittal did not preclude Government from later enforcing compliance with spec)

Southern Defense Systems, Inc., ASBCA Nos. 54045, 54528 (Feb. 16, 2012) (contractor failed to prove delivery order should have been required to utilize same pass-through mark-up as basic contract--failure to prove patent or latent ambiguity or violation of FAR or mistake) 

Distributed Solutions, Inc., ASBCA No. 57266 (Dec. 28, 2011) (grants partial summary judgment to Government because its interpretation of disputed language of modification is the only reasonable one, and not in conflict with any other provisions); subsequently vacated to allow further discovery.

DG21, LLC, ASBCA No. 56386 (Nov. 28, 2011) (denies claim based on misrepresentation or superior knowledge because contractor did not establish it relied on the lack of information in the solicitation or that it did not have independent knowledge of that information)

TEKKON Engineering Co., ASBCA No. 56831 (Nov. 1, 2011) (decision on government motion for partial summary judgment as to various categories of claimed excess costs by the contractor associated with (i) denial of entry at border and (ii) embargo from Jordan under contract to supply water treatment chemicals and cylinders of chlorine gas to various locations in Iraq)

Trace Systems, Inc., ASBCA No. 57574 (Oct. 20, 2011) (contract contained latent ambiguity concerning whether R&R travel expenses were reimbursable, and contractor's interpretation that they were reimbursable was reasonable)

D. J. Miller & Assocs., ASBCA No. 55357 (Oct. 13, 2011) (denies contractor's breach claim that Government had improperly diverted work to other entities under requirements contract)

COSTAR III, LLC, ASBCA No. 56479 (Aug. 17, 2011) (contractor not entitled to reimbursement for health and welfare benefit cost increases in (i) base year of contract (because it modified its CBA to effectuate such increases after the beginning of the base year) or (ii) in the option years (because option year mods constituted accord and satisfaction))

General Construction Services, Inc., ASBCA No. 57187 (Aug. 4, 2011) (grants motion for summary judgment because appellant failed to establish it had contract with the Government or that individual who allegedly committed the Government had the authority to do so)

BECO Construction Co., ASBCA No. 57483 (Aug. 4, 2011) (contractor entitled to compensation for work in a larger area than was indicated in the contract specifications and drawings)

Ali Fawzi Gomme, Co-Owner, d/b/a Areebel Engineering & Logistics, ASBCA No. 56787 (July 19, 2011) (dismisses claim clearly covered by settlement agreement)

WestWind Technologies, Inc., ASBCA No. 57436 (July 2011) (under FAR 52.216-8 ("Fixed Fee") Government may withhold stated reserve amount on each, individual task order, rather than just once on contract as a whole)

General Dynamics Ordnance and Tactical Systems, Inc., ASBCA Nos. 56870, 56957 (May 26, 2011) (denies Government's motion for summary judgment because record not yet sufficiently developed to determine whether appeal involves a requirements contract or a BOA)

Golden Wings, Inc., ASBCA No. 57136 (Mar. 17, 2011) (Government not liable for contractor's vehicle storage costs incurred after the Government returned leased vehicles to contractor at end of lease)

PCT Services, Inc., ASBCA No. 54932 (Mar. 1, 2011) (contract clearly required the contested work, and plaintiff had included it in its proposal)

Genome-Communications, ASBCA Nos. 57267, 57285 (Feb. 25, 2011) (grants contractor's motion for summary judgment that Government failed to pay for contractually compliant training materials provided by contractor and improperly terminated the contract for cause because its cure notice had imposed requirements above and beyond the contract requirements)

Revenge Advanced Composites, ASBCA No. 57111(Feb. 23, 2011) (grants government motion for summary judgment denying contractor's claim for extra work under the Changes clause because the contract's performance specification required the contractor to provide the navigation system at issue in the appeal)

AECOM Government Services, Inc., ASBCA No. 56861 (Jan. 19, 2011) (contractor not entitled to recover F.I.C.A. taxes imposed on offshore subsidiaries first imposed by HEART Act six months after fixed-price contract award on contractor's theory reformation based on mutual mistake)

Office Automation & Training Consultants, Inc., ASBCA Nos. 56779, 56838 (Jan. 19, 2011) (denies contractor's claim for reformation based on theory of unilateral mistake); see also Board's opinion on contractor's motion for reconsideration.

J. A. McAmis, Inc., ASBCA Nos. 54455, 54456, 54457 (Nov. 18, 2010) (contractor entitled to recover increased haul costs and delay costs after haul routes to site became unavailable due to local ordinance passed after award; contractor is not entitled to recover costs of rejection of rock that complied with the specifications because it did not establish the Government had rejected the rock)

AECOM Government Services, Inc., ASBCA No. 56861 (Oct. 13, 2010) (contractor not entitled to recover F.I.C.A. taxes on offshore subsidiaries first imposed by HEART Act six months after fixed-price contract award on contractor's theory of breach of the implied warranty of good faith and fair dealing)

Tekkon Engineering Co., ASBCA No 56831 (Sep. 28, 2010) (interpretation; absence of elements required to establish prior course of dealing; no entitlement to adjustments under EPA clause because no established prices on which to base adjustments; contractor's subjective, unexpressed reading of the contract, which was never communicated to the Contracting Officer, cannot form basis for interpretation; because Government was not required to place no orders during option period number 1 (and did not do so), contractor cannot recover costs associated with that period)

Thorington Electrical and Construction Co., ASBCA No. 56895 (Sep. 22, 2010) (unambiguous release bars contractor's claim)

Shawview Cleaners, LLC, ASBCA No. 56938 (Sep. 15, 2010) (contractor not entitled to rely on alleged representations by government employees that wage determination attached to contract was just a suggestion and not mandatory)

Northrop Grumman Systems Corp, Space Systems Division, ASBCA No. 54774 (July 22, 2010) (no enforceable agreement came into agreement because government attendees at meeting (i) remained silent or even nodded during the contractor's presentation and (ii) shook hands afterwards) 

Senate Builders & Construction Managers, Inc., ASBCA No. 56236 (July 19, 2010) (construction contract; contract interpretation; only one reasonable interpretation; patent ambiguity; failure to inquire prior to submitting bid)

United Healthcare Partners, Inc., ASBCA No. 56939 (July 19, 2010) (despite the fact that document was labeled as an "RFQ," language in document clearly indicated that submission of offer was intended to create a binding, bilateral contract)

Freeport Technologies, Inc. ASBCA No. 56665 (June 24, 2010) (breach claims for alleged government diversion of work that should have been ordered under appellant's contract)

Qatar International Trading Co., ASBCA No. 55518 (June 8, 2010) (denies contractor's claim for fraudulent phone charges on illegal clones of satellite phones provided to Government)

DWBH Services, Inc., ASBCA No. 56948 (June 2, 2010) (denies claim that maintaining lawns in areas where housing was demolished during contract was outside scope of contract)

Whiting-Turner Contracting Co., ASBCA No. 56319 (May 6, 2010) (accord and satisfaction issues; interpretation of releases in bilateral modifications)

PGDC/Teng, Joint Venture, ASBCA No. 56573 (Apr. 22, 2010) (grants Government's motion to dismiss contractor's claim for contract reformation; failure to prove (i) breach of duty to disclose superior knowledge, (ii) mutual mistake, or (iii) unilateral mistake)

Dixie Construction Co., ASBCA No. 56880 (Apr. 15, 2010) (requirements contract; contract interpretation; "Order Limitations" clause)

Pacific Coast Community Services, Inc., ASBCA No. 56754 (Apr. 12, 2010) (provision of storage space; contract interpretation; no showing of extra costs associated with claimed change)

Guy W. Parker d/b/a Parker International, ASBCA No. 56928 (Apr. 5, 2010) (dismisses frivolous claims related to government property)

Solid State Electronics Corp., ASBCA No. 56485 (Mar. 12, 2010) (denies contractor's claim for costs of expedited delivery because government employee who requested it did not have authority to change the contract)

Skanska US Building, Inc., ASBCA No. 56339 (Mar. 10, 2010) (contract interpretation; denies cross motions for summary judgment)

HMRTECH2, LLC, ASBCA No. 56829 (Mar. 12, 2010) (contract interpretation; firm's graduation from 8(a) program did not give Government right to deny contractor fair opportunity to compete for further orders for duration of multiple-award schedule contract)

American Ordnance LLC, ASBCA No. 54718 (Feb. 17, 2010) (excusable and compensable delays resulting from (i) defective specification; (ii) withholding of superior knowledge; and (iii) breach of implied duties of cooperation and noninterference)

Laser Manufacturing, Inc., ASBCA Nos. 55436, 55437 (Feb. 19, 2010) (denies claim for alleged changes in inspection and acceptance criteria)

Sybion Ozdil Joint Venture, ASBCA No. 56713 (Jan. 25, 2010) (whether calculation of amount owed for extra work on contract terminated for convenience should be at cost under "Changes" clause or pursuant to specification establishing unit price for work; interest issues)

Mach II, ASBCA No. 56630 (Jan. 12, 2010) (Government not liable to contractor for payment on performance resulting from unsigned delivery order on ID/IQ contract)

COSTAR III, LLC, ASBCA Nos. 55296, et al. (Dec. 31, 2009) (denies various claims for equitable adjustment; failure of proof; lack of authority of official who allegedly changed contract; claim precluded by bilateral modification; performance of work as a volunteer)

Mark O'Connor, ASBCA Nos. 56863 et al. (2009) (government responsibility for repairs to leased military housing units under Restoration clause)

WEDJ/Three C's, Inc., ASBCA No. 56672 (Nov. 20, 2009) (Value Engineering Change Proposal; grants summary judgment in favor of Government because contract already required what the contractor claimed to have submitted as a VECP)

DynCorp International LLC, ASBCA No. 56078 (Oct. 20, 2009) (knowledge of mistake; accrual of claim; continuing claim doctrine; separate claim for each option year)

HMRTECH2, LLC., ASBCA 56829 (Oct. 9, 2009) (finds CDA jurisdiction over claim that Government's interpretation of contract clause would improperly deprive contractor of future task orders under contract)

Gosselin World Wide Moving NV, ASBCA No. 55367 (Aug. 19, 2009) (interpretation of contract's Schedule of Compensation clause; grants contractor's motion for partial summary judgment because Order of Precedence clause resolved inconsistency in contract provision)

Mil-Spec Industries Corp., ASBCA No. 56070 (Aug. 6, 2009) (upholds default termination; contra proferentem is inapplicable if both parties agree on a particular interpretation)

Sinil Co., Ltd., ASBCA Nos. 55819, 55820 (Aug. 6, 2009) (summary judgment for Government; COR lacked authority to change contract; nobody with authority to do so ratified those changes; contractor released claims)

Dick Pacific, GHEMM, JV, ASBCA Nos. 54743, 55255 (June 18, 2009) (contract interpretation; failure to inquire concerning patent ambiguity)

HSG Technischer Service GmbH, ASBCA Nos. 55595, -96, -97 (June 16, 2009) (contract interpretation)

M.E.S., Inc. ASBCA No. 56454 (June 15, 2009) (interpretation of scope of release)

Computer Sciences Corp., ASBCA No. 56162 (June 15, 2009) (rules of contract interpretation)

DMJM H&M, Inc., ASBCA No. 56557 (Jun 10, 2009) (changes claim denied because it was based on an unreasonable interpretation of the contract and because of a failure of proof)

Advanced American Construction, Inc., ASBCA No. 56325 (June 8, 2009) (denies cross motions for summary judgment concerning contract interpretation and superior knowledge issues)

Local Communications Network, ASBCA No. 55154 (May 28, 2009) (requirements contract only required Navy requirements to be fulfilled; non-Navy agency was not required to use contractor to fulfill its requirements)

Derm/Buro, Inc., ASBCA Nos. 54959, -60, -61 (May 27, 2009) (changes; excusable and compensable delays)

L-3 Services, Inc.--Unidyne Division, ASBCA Nos. 56304, 56335 (May 21, 2009) (contract interpretation; motion for summary judgment denied)

General Dynamics, C4 Systems, ASBCA No. 54988 (May 8, 2009) (direction to contractor to proceed in accordance with delivery orders improperly issued as emails was change under the "Changes" clause)

Keller Mechanical Services, Inc., ASBCA No. 56318 (Mar. 18, 2009) (offer to settle in Contracting Officer's final decision is not evidence of liability once that decision is appealed to Board; contract interpretation; contra proferentem doctrine)

D & F Marketing, Inc., ASBCA No. 56043 (Mar. 9, 2009) (lack of authority by Government to enter alleged implied contract)

Osborne Construction Co., ASBCA No. 55030 (Feb. 19, 2009) (denies cross motions for summary judgment on credit for work ordered delayed by the Government; contract interpretation; need for extrinsic evidence)

Paradigm II, LLC, d/b/a JB Carpet & Upholstery Care, ASBCA No. 55849 (2008) (denies Government's motion for summary judgment that contract was unenforceable so as to preclude contractor's claim for breach damages; type of contract)

Strand Hunt Construction, ASBCA No. 55904 (2008) (denies cross motions for summary judgment based on alleged Differing Site Conditions and notice issues)

William D. Euille & Assocs., ASBCA No. 56486 (2008) (contract interpretation; meaning of specifications; changes)

Wesleyan Co., ASBCA No. 53896 (2008) (Government did not use contractor's products in a manner inconsistent with proprietary rights claimed on the items' tags)

Alliance General Contractors, LLC, ASBCA No. 54979 (2008) (defective specifications; defective drawings; contract interpretation; complementary drawings must be read as a group)

Corners and Edges, Inc., ASBCA No. 55767 (2008) (lack of authority by Project Officers to change contract; no evidence Contracting Officer ratified directions of Project Officers; no evidence of changed conditions)

SUFI Network Services, Inc., ASBCA No. 55306 (2008) (non-appropriated fund activity; settlement "agreement" not signed by Contracting Officer; misrepresentation; constructive change; "wasted" site visit; failure by Government to provide required equipment or facilities; Contracting Officer's ratification of COTR's directions; contract interpretation; unexpressed intent; contemporaneous interpretation; breach of contract by Government; notice of breaches; absence of prejudice from tardy notice; Government's duty to cooperate with contractor in performance of contract; lost revenues; lost profit on breach damages; responsibility of party to provide evidence uniquely within its control even when that party is not asserting the claim; defective government property; course of dealing as contract interpretation aid; claim preparation costs and consulting fees)

States Roofing Corp., ASBCA Nos. 55500, 55503 (2008) ("Permits and Responsibilities" clause does not impose strict liability on prime for all actions of subcontractors; ROICC did not have authority to change contract)

HITT Contracting, Inc, ASBCA No. 55758 (2008) (entitlement for extra work not included in contract schedule)

Robertson & Penn, Inc. d/b/a Cusseta Laundry, Inc. ASBCA No. 55625 (2008) (Sovereign Acts Doctrine; deductive change; variation from estimated quantities)

Advanced Technologies & Testing Laboratories, Inc., ASBCA No. 55805 (2008)(patent ambiguity; constructive change; Government's ordering obligations under indefinite quantity contract)

Qatar International Trading Co., ASBCA No. 55518 (2008) (responsibility for payment for unauthorized calls made on phones delivered to Government; tort issues raised as a government defense; jurisdiction over tort claims)

Hanley Industries, Inc., ASBCA Nos. 54315, 56383 (2008) (design specification; burden to prove defective specification; contractor's initial burden to prove it substantially complied with specification, with an unsatisfactory result; requirements for delay claim under under Eichleay theory; standby time)

International Oil Trade Center, ASBCA No. 55377 (2008) (lack of implied actual authority of government agency to modify contract; lack of consideration; alleged "settlement" did not include required modification of Risk of Loss clause; lack of written agreement; agreement to agree; mutual mistake of fact; elements of superior knowledge claim; constructive changes; sovereign acts)

States Roofing Corp., Inc., ASBCA No. 54854 (2008) (contract interpretation; patent ambiguity; calculation of quantum for constructive change)

Ellis Environmental Group., LC, ASBCA No. 56227 (2008) (Type II Differing Site Condition)

Todd Pacific Shipyards Corp, ASBCA No. 55126 (2008) (contract implied-in-fact; unratified oral agreement; failure to exercise options; superior knowledge; retroactive change in accounting method; scope of release; unabsorbed overhead)

John L. Jones, ASBCA No. 56138 (2008) (nonappropriated fund activity; lack of authority to change contract)

Fuel Tank Maintenance Co., LLC, ASBCA Nos. 54402, 54516 (2008) (Type 2 differing site condition; claim for concrete demolition; definition of claim; request for contracting officer decision)

Christopher H. White, ASBCA No. 56259 (2008) (personal services contract; paid leave; contract interpretation)

Strand Hunt Construction, Inc., ASBCA Nos. 55671, 55813 (2008) (construction contract; absence of ambiguity; requests for waivers; design versus performance specifications; nonavailability of off-the-shelf windows meeting performance requirements)

L-3 Communications Corp., Link Simulation & Training Div., ASBCA No. 54920 (2008) (government breach of fair opportunity to compete provision in solicitation for delivery order)

Wackenhut Services, Inc., ASBCA No. 55691 (2008)("Option to Extend Term" clause versus "Option to Extend Services" clause; contract interpretation; deductive change or partial termination for convenience)

Lockheed Martin Aircraft Center, ASBCA No. 55164 (2008)(requirements contract; diversion of requirements by Government; issues of material fact)

Service Rodriguez Barragan, SL, ASBCA No. 54622 (2008) (contract interpretation; patent ambiguity; lack of actual authority or ratification)

Tri-State Consultants, Inc. ASBCA No. 55251 (2008) (beach repair contract; defective specifications; commercial impracticability; undisclosed superior knowledge; Type I and Type II differing site conditions)

AEI Pacific, Inc. ASBCA No. 53806 (2008) (construction contract; accord and satisfaction; implied duty to cooperate; defective specifications; compensable delay)

General Dynamics C4 Systems, Inc. ASBCA No. 54988 (2008) (option contracts; contract interpretation; waiver; email orders;  constructive changes; FAR 17.202(c)(1); FAR 17.204(e))

The Boeing Co., ASBCA Nos. 54593, 56258 (2008) (cross contract offset)

C.R. Pittman Constr. Co., Inc., ASBCA No. 54901 (2008) (standards to establish prior course of dealing)

LABAT-Anderson, Inc., ASBCA Nos. 54904, 54905, 54906 (2007) (contract interpretation; ambiguous terms; contractor's lack of reliance on its proposed interpretation)

Freedom NY, Inc. ASBCA No. 55465 (2007) (interest claim released by contract modification)

Syracuse Int'l Technologies, ASBCA No. 55607 (2007) (lapse of purchase order)

Local Communications Network, Inc., ASBCA No. 55154 (2007) (CDA jurisdiction: unquantified claims; incorporation of clauses by operation of law)

Webb Electric Co. of Florida, Inc., ASBCA No. 54293 (2007) (delays; Suspension of Work clause; constructive suspension)

Dick Pacific, GHEMM, JV, ASBCA No. 55806 (2007) (contract interpretation; no ambiguity; subcontractor claim)

Wesleyan Co., ASBCA No. 53896 (2007) (on remand from Fed. Cir.; contract formation; breach of confidentiality agreement)

Conner Bros. Constr., Inc., ASBCA No. 54109 (2007) (delays, Changes clause, sovereign acts)

Interstate Electronics Corp., ASBCA Nos.  55064, 55250 (2007) (IR&D costs; mistake; interpretation of release)

Fru-Con Constr. Corp., ASBCA Nos. 55197, 55248 (2007) (contractor and government quantum claims; deductive changes; cost savings; delays)

George G. Sharp, Inc., ASBCA Nos. 55385, 55386 (2007) (notice of funding overruns under Limitation of Costs clause)

Altos Federal Group, ASBCA Nos. 53253, 54404 (2007) (DOL wage determination; Price Adjustment clause) 

Armstead & Assocs., ASBCA No. 52610 (2007) (estimated quantities) 

FloorPro, Inc., ASBCA No. 54143 (2007) (contract modification; third party beneficiary rule)

Honeywell International, Inc., ASBCA No. 54598 (2007) (maximum order quantities; timeliness of objection to Contracting Officer)

Mumford & Miller Concrete, Inc., ASBCA Nos. 53652, 53653 (2007) (construction contract specs; suspension of work)

American Bridge Co., ASBCA No. 54867 (2007) (contract interpretation)

Systems Integrated, ASBCA No. 54439 (2007) (Limitation of Cost clause; equitable distribution of property) 

Bay West, inc., ASBCA No. 54166 (2007) (Differing Site Conditions) 

Ellis Environmental Group, LC, ASBCA No. 54066, 54067 (2007) (mistake; reformation)

Trawick Contractors, Inc., ASBCA No. 55097 (2007) (oral agreement)

Transtar Metals, Inc., ASBCA No. 55039 (2007) (ID/IQ contract; minimum required quantity; estimated quantity)

International Technology Corp., ASBCA No. 54136 (2006) (Limitation of Cost clause)

Steelhead Constructors, Inc., ASBCA No. 55283 (2006) (contract interpretation)

Emerson Construction Company, Inc., ASBCA No. 55165 (2006) (Variation in Estimated Quantity clause)

KiSKA Constr. Corp.-USA, ASBCA Nos. 54613, -14 (2006)(retainage and equitable adjustment)

The Minesen Co., ASBCA Nos. 52488, 52811 (2006)  (Non-appropriated fund activity; breach)

SUFI Network Services, Inc., ASBCA No. 55306 (2006) (accord and satisfaction; waiver; notice; Changes clause claims)

Mass Constr. Group, Inc., ASBCA No. 55440 (2006) (differing site conditions)

Haskell Corp., ASBCA Nos. 54171 (2006) (construction contract claims)

Bean Stuyvesant L.L.C., ASBCA No. 53882 (2006) (differing site conditions)

United Paradyne Corp., ASBCA No. 55374 (2006) (constructive change--additional staffing)

Valenzuela Engineering, Inc., ASBCA No. 54990 (2006) (reservation and release of claims) 

Steelhead Constructors, Inc., ASBCA No. 55283 (2006) (construction contract claims)

Ingenieria y Constructora Washington, S.A., ASBCA No. 54561 (2006) (lease interpretation)

Gray Personnel, Inc., ASBCA No. 54652 (2006) (constructive change)

Spindler Constr. Corp., ASBCA No. 55007 (2006) (sponsored subcontractor claim; material costs)

B. W. Farrell, Inc., ASBCA No. 53311 (2006) (differing site conditions; liquidated damages)

P&C Placements Services, Inc., ASBCA 54124 (2006) (Rule 11; breach claim)

L-3 Comm. Corp., ASBCA 54920 (2006) (breach of "Awarding Orders" clause)  

LABAT-Anderson, Inc. ASBCA Nos. 54904 et al, (2006) (Preservation, Packaging, Packing, and Marking claim and PPA interest) 

Sarang-National JV, ASBCA No. 54992 (2006) (Changes clause--specifying portion of work that must be self-performed by JV) 

JDD, Inc., ASBCA No. 55282 (2006) (increases in SCA wage rates; revised wage determination)  

SPACEHAB, Inc., ASBCA No. 54880 (2006) (hardware lost in space shuttle Challenger disaster)

Redwood Furniture Co., ASBCA Nos. 54944 et al (2006) (existence of contracts)

L-3 Communications Link Sim. and Training, ASBCA No. 54798 (2006) (Incentive Price Revision)

JWK Korea Ltd, ASBCA No. 54198 (2006) (increased labor costs; superior knowledge)

Weststar Revivor, Inc., ASBCA Nos. 52837, 53171 (2006) (claim for extra concrete work)

Imperial Constr. & Electric, Inc., ASBCA No. 54175 (2006) (non-appropriated fund activity; extra work and delay claims)

Advanced Business Concepts, Inc., ASBCA No. 55002 (2006) (accord and satisfaction; cost of specialty commercial items)

 

Cost Principles; Defective Pricing; Cost Accounting Standards; Limitation of Costs

 

Northrop Grumman Corp., ASBCA No. 57625 (Jan. 16, 2014) (upholds government disallowance of post-retirement benefit costs under FAR 31-205.6(o) because costs were not accrued using GAAP/FAS 106 and were not timely funded), motion for reconsideration denied

The Boeing Co., ASBCA No. 57409 (Dec. 3, 2013) (LOF clause limited amount contractor could recover for subcontract settlement costs under T for C of prime contract)

Parsons-UXB Joint Venture, ASBCA No. 56481 (Aug. 1, 2013) (allowability of various costs by individual members of joint venture related to dispute with Hawaii over amounts owed for Hawaii's general excise tax), Board accepts contractor's subsequent calculation of amount previously found due

GMS Hawaii Corp., ASBCA No. 58195 (July 30, 2013) (denies claim for termination costs because contract permitted termination without liability in situation at issue)

PHI Applied Physical Sciences, Inc., ASBCA Nos. 56581, 58038 (May 30, 2013) (denies claim for cost overrun because contractor failed to give required notice under FAR 52.232-20 (Limitation of Cost) and Contracting Officer did not authorize incurrence of costs)

CAE USA, Inc., ASBCA No. (May 23, 2013) (grants Government partial summary judgment on contractor's claims that it is entitled (under theory of unilateral mistake, failure to disclose superior knowledge, or breach of the implied covenant of good faith and fair dealing) to recover  fringe benefit costs it was required to pay under collective bargaining agreement as successor contractor pursuant to Service Contract Act)

PHI Applied Physical Sciences, Inc., ASBCA Nos. 56581, 58038 (Apr. 30, 2013) (FAR 52.232-20 (Limitation of Cost) bars contractor's claim for increased costs under CPFF contract because contractor failed to provide required notice of cost overruns and Contracting Officer never issued notice that estimated cost of contract had been increased)

Dynamics Research Corp., ASBCA No. 57830 (Mar. 26, 2013) (contractor that failed to notify Government at least 90 days before its incurred costs would equal 85% of the then-allotted funds, as required by "Limitation of Government Obligation" clause, could not recover for costs in excess of funding limit)

Green Dream Group, ASBCA Nos. 57413, et al. (Mar. 25, 2013) (various termination for convenience cost claims)

Space Gateway Support, LLC, ASBCA Nos. 55608, 55658 (Jan. 29, 2013) (former FAR 45.302.3(c) (now revised and relocated to 15.404-4(c)(3)) prohibits recovery of profit on cost of equipment purchased pursuant to directions from Government)

Lockheed Martin Aeronautics Co., ASBCA No. 56547 (Jan. 22, 2013) (Government failed to prove that nondisclosure of data resulted in any increase in negotiated price)

Thomas Associates, Inc., ASBCA No. 57795 (Oct. 4, 2012) (upholds ACO's determination that five indirect cost items (including membership in a hunting club, costs of a jazz ensemble, gifts of flowers to employees on various special occasions,  and an expensive Christmas party that included significant costs for alcohol) were expressly unallowable under FAR 31.205; contractor not entitled to waiver of penalties for unallowable costs under FAR FAR 42.709-5)

Inframat Corp., ASBCA No. 57741 (Aug. 3, 2012) (summary judgment that contractor was not entitled to waiver of penalties for unallowable costs in final indirect cost proposals under FAR 42.709-5(c)(1), (2))

Metron, Inc., ASBCA Nos. 56624, et al (June 4, 2012) (contractor's executive compensation costs were reasonable and allowable)

Space Gateway Support, LLC, ASBCA No. 56592 (Jan. 30, 2012) (costs of accrued sick leave hours paid to employees in cash at termination of employment in accordance with the terms of CBAs are allowable fringe benefits under FAR 31.205-6, and Government did not follow required procedures to obtain deviation from that cost principle)

J.F. Taylor, Inc., ASBCA Nos. 56105, 56322 (Jan. 18, 2012) (executive compensation paid by contractor was reasonable; statistical flaws in the DCAA's methodology for determining reasonable compensation), affirmed on reconsideration.

SplashNote Systems, Inc., ASBCA No. 57403 (Nov. 29, 2011) (disallows several claimed cost types: deferred IR&D costs absent specific identification in the contract; bonus paid to owner/CEO as unallowable distribution of profits; local meals to discuss recruiting were unallowable under several claimed costs principles)

SRI International, ASBCA No. 56353 (Oct. 5, 2011) (on reconsideration of prior decision, clarifies that amount due contractor is to be determined by "Allowable Cost and Payment" clause) 

Westech International, Inc., ASBCA No. 57296 (Aug. 9, 2011) (contractor entitled to  reimbursement for Arizona transaction privilege taxes plus penalties and interest pursuant to FAR 31.205-41)

General Dynamics Corp., ASBCA No. 56744 (June 21, 2011) (contractor's use of intra-year pension fund returns in contractor's forward pricing estimates of pension costs violates CAS 412), subsequently modified on reconsideration)

Kearfott Guidance & Navigation Corp., ASBCA No. 55626 (June 10, 2011) (allows reformation of contracts because identifiable intangible asset write-up amortization costs were mistakenly omitted from the calculation of contractor's G&A rates and FCCOM factors)

Sundt Construction, Inc., ASBCA No. 57358 (May 24, 2011) (construction contract task order modification established two separate completion dates and Government could properly assess liquidated damages for portion of work covered by one of the two dates, which already had passed when the modification was signed)

Thomas Assocs., ASBCA No. 57126 (May 17, 2011) (allowability of (i) life insurance costs for contractor's President and (ii) transfer of Jeep treated as fringe benefit compensation to individual; applicability of penalty for expressly unallowable costs pursuant to FAR 42.709); decision modified on reconsideration)

Todd Pacific Shipyards Corp., ASBCA Nos. 55126, 56910 (May 12, 2011) (denies contractor's claim that it should be allowed to re-classify certain indirect costs as direct costs)

ARCTEC Services, ASBCA Nos.  et al. (Apr. 15, 2011) (contractor entitled to price adjustment for the cost of severance benefits paid to unionized employees pursuant to collective bargaining agreements following expiration of the referenced contract under both "Service Contract Act--Price Adjustment" and "Incentive Price Revision--Firm Target" clauses)

Raytheon Co., ASBCA No. 56701 (Mar. 31, 2011) (summary judgment for contractor because aggregate effect of voluntary change in cost accounting practices related to actuarial value of pension plans did not result in increased costs to Government)

SRI International, ASBCA No. 56353 (Feb. 18, 2011) (costs of maintaining standby Letter of Credit to guarantee contractor's ability to repay the entire amount of its long-term debt in two years are allowable)

David J. Needham, ASBCA No. 57133 (Oct. 25, 2010) (allowable and unallowable cost categories under convenience termination proposal after termination of aircraft lease)

BearingPoint, Inc., ASBCA Nos. 55354, 55555 (Oct. 16, 2009) (cost issues; allowability and allocability of various disputed costs under cost reimbursable contract)

MACH-II, ASBCA No. 56425 (Aug. 3, 2009) (grants summary judgment in favor of Government's claim for refund of its overpayment to contractor on one delivery order despite plaintiff's contention it was owed money on a separate delivery order)

George G. Sharp, Inc., ASBCA Nos. 55385, 55386 (Apr. 9, 2009) (cost overruns on cost reimbursable contract delivery orders; notice of overruns; continued performance after cost and funding ceilings reached; elements of estoppel)

ATK Launch Systems, Inc. ASBCA Nos. 55395, 55418, 55812 (Apr. 9, 2009) (Allowable Cost and Payment clause; Government's failure to adjust interim billing rates)

Southwest Marine, Inc., ASBCA No. 54550 (Apr. 7, 2009) (negative profit on fixed-price incentive fee contract)

BearingPoint, Inc., ASBCA No. 55354 (2008) (Severin doctrine; cost reasonableness)

Todd Pacific Shipyards Corp, ASBCA No. 55126 (2008) (contract implied-in-fact; unratified oral agreement; failure to exercise options; superior knowledge; retroactive change in accounting method; scope of release; unabsorbed overhead)

Raytheon Co., ASBCA No. 54907 (2008) (CAS 413; pension costs; segment closing; CAS requirements in order for contractor to be liable to the Government for interest)

Lockheed Martin Corp., ASBCA No. 54169 (2007) (CAS 409.50 and FAR 31.205-16 treatment of losses from land sales) 

Raytheon Co., ASBCA No. 54907 (2007) (CAS 413)

Lockheed Martin Corp., ASBCA 53822 (2007) (Cost Accounting Standards; impact of changed practices)

Interstate Electronics Corp., ASBCA Nos.  55064, 55250 (2007) (IR&D costs; mistake; interpretation of release)

ICI Americas, Inc., ASBCA Nos. 54877, 55078 (2007) (CAS 413; surplus pension fund assets)

Fiber Materials, Inc., ASBCA No. 53616 (2007) (Various indirect cost issues)

AM General LLC, ASBCA No.  53610 (2007) (CAS 418--granting contractor's motion for reconsideration)

AM General LLC, ASBCA No. 53610 (2006) (CAS 418--Motion for Reconsideration)

Int'l Tech. Corp., ASBCA No. 54136 (2006) (costs in excess of cost ceiling; LOC clause)

United Technologies Corp., Pratt & Whitney, ASBCA Nos. 47416 et al (2006) (CAS; estoppel; government misconduct)

 

Delay; Suspension of Work; Eichleay; Unabsorbed Overhead

 

Strand Hunt Construction, Inc., ASBCA No. 55905 (Apr. 11, 2013) (contract completion date was date originally proposed by contractor and accepted by Government, despite the fact, in modifications, that both parties erroneously continued to refer to the completion date in the solicitation until the dispute arose; contractor is entitled to remission of liquidated damages to the extent (i) unreasonable portion of stop work order and (ii) Contracting Officer's failure (a) to act within reasonable period of time to resolve punchlist items and (b) to concede beneficial occupancy occurred at same time as substantial completion)

Troy Eagle Group, ASBCA No. 56447 (Mar. 4, 2013) (delays in Iraq caused by gate and border closures, road blockages, and requirements that shipments be made in military convoys, whether ordered by United States or Iraqi government, are not compensable), affirmed on reconsideration

Hedgecock Electric, Inc., ASBCA No. 56307 (June 20, 2012) (fact-based analysis of several elements of contractor's claims for government-caused delays entitling it to remission of liquidated damages; bilateral modifications with broad release language did not operate as accord and satisfaction of contractor's delay claims where CO had indicated such claims would be considered at end of contract)

Versar, Inc., ASBCA No. 56857, et al. (Apr. 23, 2012) (denies both parties' delay claims against the other because neither party presented evidence concerning concurrent delay or segregating its own and its opponent's delays; sustains other appeals by contractor), affirmed on reconsideration.

The Davis Group, Inc., ASBCA No. 57523 (Aug. 12, 2011) (contractor was primarily responsible for delay in Government's approval of its submittal)

American Ordnance LLC, ASBCA No. 54718 (Feb. 17, 2010) (excusable and compensable delays resulting from (i) defective specification; (ii) withholding of superior knowledge; and (iii) breach of implied duties of cooperation and noninterference)

States Roofing Corp., ASBCA Nos. 54860, et al. (Jan. 12, 2010) (delay claims; computation of damages)

Coronet Machinery Corp., ASBCA No. 55645 (Nov. 13, 2009) (denies contractor's motion for summary judgment that it is entitled to Eichleay damages)

Packard Construction Corp., ASBCA No. 55383 (Aug. 10, 2009) (delay claim; Eichleay; stand-by costs; field overhead)

ADT Construction Group, Inc., ASBCA No. 55307 (July 9, 2009) (part of pre-construction delays were excusable and compensable because the Government remained silent in the face of repeated notices from the contractor of its contrary interpretation)

Derm/Buro, Inc., ASBCA Nos. 54959, -60, -61 (May 27, 2009) (changes; excusable and compensable delays)

Ellis Environmental Group, LC, ASBCA No. 55375 (2008) (design/build contract claims for allegedly extra required quality control plan, unreasonable delays in processing submittals, improper rejection of request for time extension, and remission of liquidated damages)

Todd Pacific Shipyards Corp, ASBCA No. 55126 (2008) (contract implied-in-fact; unratified oral agreement; failure to exercise options; superior knowledge; retroactive change in accounting method; scope of release; unabsorbed overhead)

Fox Construction Inc., ASBCA Nos. 55265, 55266, 55267 (2008) (construction contract; government damages for defects in contractor's performance; delay claim; "loss of production" theory of recovery)

AEI Pacific, Inc. ASBCA No. 53806 (2008) (construction contract; accord and satisfaction; implied duty to cooperate; defective specifications; compensable delay)

Paranetics Technology, Inc., ASBCA No. 55329 (2007) (Eichleay unabsorbed overhead)

Conner Bros. Constr., Inc., ASBCA No. 54109 (2007) (delays, Changes clause, sovereign acts)

Fru-Con Constr. Corp., ASBCA Nos. 55197, 55248 (2007) (contractor and government quantum claims; deductive changes; cost savings; delays)

Tulsa Mid-West Constr. Co., ASBCA No. 55153 (2007) (construction contract claim quantum; Eichleay)

Mumford & Miller Concrete, Inc., ASBCA Nos. 53652, 53653 (2007) (construction contract specs; suspension of work)

Packard Construction Corp., ASBCA 55383 (2006) (Eichleay)

W. B. Meredith II, Inc., ASBCA No.  53611 (2006) (construction contract delays)

Catel, Inc., ASBCA Nos. 54632, 54633 (2006) (additional work; unabsorbed overhead)

Applied Companies, Inc., ASBCA No. 54506 (2006) (Eichleay--unabsorbed overhead)

 

Default Terminations; Cancellation for Cause; Government Deductions and Rejection of Work; Government Claims; Liquidated Damages

 

Gilbane Building Co., ASBCA No. 57206 (Aug. 13, 2014) (Government properly rejected contractor's submittal of proposed subcontractor's elevator system because subcontractor did not comply with requirement that it be regularly engaged in the manufacture of pre-engineered 
elevator systems)

Hanley Industries, Inc., ASBCA No. 56584 (Aug. 12, 2014) (upholds termination for default after response to cure notice, which mainly regurgitated excuses Government already had found inadequate)

AEON Group, LLC, ASBCA Nos. 56142, 56251 (Aug. 6, 2014) (denies appeals of default termination and assessment for unliquidated performance-based payments; contractor was in default, which was not excused by Government's superior knowledge or alleged lack of good faith and fair dealing)

DODS, Inc., ASBCA Nos. 57746, 58252 (July 22, 2014) (denies appeal of default termination for failure to make progress because contractor failed to provide adequate assurances in response to cure notice )

Dyno Group, Inc., ASBCA No. 59074 (Apr. 11, 2014) (rejects multiple contractor arguments against assessment of liquidated damages for late completion of contract work)

Bulova Technologies Ordnance Systems LLC, ASBCA No. 57406 (Jan. 28, 2014) (supply contract for delivery of three, severable types of  guns was properly terminated for failure to deliver one type, properly terminated for failure to make progress and failure to provide adequate assurances of performance as to a second type, but improperly terminated the third because the contractor was not yet in default as of the date of that termination and had not anticipatorily repudiated its obligations), motion for reconsideration denied

Earthstar Construction and Logistics Co., ASBCA No. 58086 (Nov. 13, 2013) (upholds termination for cause due to failure to deliver "new" items required by contract)

Dace Enterprises, LLC, ASBCA No. 57984 (Nov. 1, 2013) (Government properly terminated contract for cause because contractor was not authorized by manufacturer to provide (resell) required manufacturer support for specified systems and, thus, could not fulfill terms of contract) 

TTF, L.L.C., ASBCA Nos. 58495, 58516 (Sep. 3, 2013) (PO lapsed because firm failed to timely deliver supplies that met specification requirements, and the items it did deliver were nonconforming because they did not fulfill requirement to be produced by a HUBZone business)

Platinum Logistics Services Co., ASBCA No. 57965 (Aug. 15, 2013) (upholds termination for default after contractor repeatedly failed to provide conforming items and, after cure notice, did not give Government assurances it would comply with contract in the future)

Donaldson Enterprises, Inc., ASBCA No. 57297 (July 16, 2013) (contractor is responsible for value of government property taken by subcontractor)

Commissioning Solutions Global, LLC, ASBCA Nos. 57429, 57494 (June 25, 2013) (termination of fixed price contract for cause justified by contractor's refusal to perform absent price increase; argument that drawing was illegible is no excuse because its condition was patent before award and contractor did not rely on it to perform)

Gargoyles, Inc., ASBCA No. 57515 (May 28, 2013) (upholds termination for cause of commercial items contract for light armored vehicles for failure to deliver within required delivery schedule without excuse; warning letter issued by Government after delivery date had passed was actually a Show Cause notice even through it referred to itself as cure notice and both parties referred to it as such)

ADT Construction Group, Inc., ASBCA No. 55358 (Apr. 30, 2013) (upholds default termination based on (i) contractor's failure to meet original completion date and interim construction date on revised schedule; (ii) contractor's lack of progress, indicating it was unlikely to meet any new completion date; and contractor's failure to provide adequate assurances that it would or could complete contract), request for reconsideration denied

Strand Hunt Construction, Inc., ASBCA No. 55905 (Apr. 11, 2013) (contract completion date was date originally proposed by contractor and accepted by Government, despite the fact, in modifications, that both parties erroneously continued to refer to the completion date in the solicitation until the dispute arose; contractor is entitled to remission of liquidated damages to the extent (i) unreasonable portion of stop work order and (ii) Contracting Officer's failure (a) to act within reasonable period of time to resolve punchlist items and (b) to concede beneficial occupancy occurred at same time as substantial completion)

Red Sea Engineers & Constructors, Inc., ASBCA Nos. 57448, et al. (Feb. 21, 2013) (default not excused by Government's withholding of progress payments and its refusal to process related documents because Government's expressed concerns that, due to lack of progress, earlier progress payments had overpaid contractor; four-month forbearance period after warning to contractor that Government was reserving its rights did not waive completion date)

American AquaSource, Inc., ASBCA Nos. 56627, 57275 (Jan. 8, 2013) (upholds termination for cause of contract to supply purified water because contractor's performance during 49 day period between missed delivery date and termination (conducting a site survey, being notified by its construction contractor that it might be liable for liquidated damages, and using minimal efforts to find alternate source of water) was not sufficiently substantial to constitute reliance in support of the contractor's claim of waiver of the delivery date), request for reconsideration denied.

Steelform, Inc., ASBCA No. 57724 (Oct. 17, 2012) (propriety of default termination; grants Government's motion for summary judgment because bilateral mods acted as accord and satisfaction preventing contractor from relying on delays occurring prior to mods as excuses)

Charles Mullens, ASBCA No. 57432 (Oct. 12, 2012) (no basis for contractor's challenge to termination where contract included a "no fault" termination clause)

DODS, Inc., ASBCA No. 57816 (June 18, 2012) (because contractor did not undertake substantial performance of unilateral purchase order before delivery date passed, offer lapsed before contract was formed)

DODS, Inc., ASBCA No. 57816 (June 18, 2012) (because contractor did not undertake substantial performance of unilateral purchase order before delivery date passed, offer lapsed before a contract was formed)

DODS, Inc., ASBCA No. 57667 (June 11, 2012) (default termination overturned in supply contract where contractor missed original delivery date for first article but Government nevertheless encouraged contractor to continue to perform and waited 21 months to terminate without establishing a new delivery date, and contractor detrimentally relied (to a minimal extent) on Government's actions); affirmed on reconsideration for additional reason that, due to missing TDP data, contractor's failure to perform by original date was excused and Government did not establish new date prior to terminating.

Delta Industries, Inc., ASBCA No. 57356 (Feb. 23, 2012) (grants government motion for summary judgment and dismisses claim for termination costs because purchase order was an offer that lapsed when the contractor failed to deliver within the required time)

Lan-Cay, Inc., ASBCA No. 56140 (Jan. 23, 2012) (upholds termination for default; government did not wrongfully withhold progress payments or audit or inspect contractor's work excessively)

Environmental Safety Consultants, Inc. , ASBCA No. 51722 (Sep. 28 , 2011) (overturns default termination because, after delaying 11 months after stated completion date, time was obviously no longer of essence and Government should have established a new completion date); subsequently, Board denies Government's motion for relief from judgment.  

Matrix Research, Inc., ASBCA Nos. 56430, 56431 (June 22, 2011) (upholds default termination because contractor inexcusably failed to deliver final 15 items under the contract and problems were due to actions of its subcontractor, not to Government's inspectors)

Tawazuh Commercial and Construction Co. Ltd., ASBCA No. 55656 (June 13, 2011) (upholds propriety of default termination because of defects in road construction work)

Advance Construction Services, Inc., ASBCA No. 55232 (June 6, 2011) (upholds propriety of default termination before cure period expired because contractor had no reasonable prospects of finishing the job by the conclusion of the cure period)

FastLinks, Inc., ASBCA No. 57170 (May 25, 2011) (upholds default termination; contractor's contention that specified part could not perform properly belied by fact that reprocurement contractor installed the same part without incident)

New Era Contract Sales, Inc., ASBCA Nos. 56661 et al. (Apr. 4, 2011) (Government properly terminated fixed-price delivery orders for default after contractor refused to deliver because subcontract prices had increased by an amount it found unacceptable)

Free & Ben, Inc., ASBCA 56129 (Mar. 22, 2011) (upholds default termination of contractor who did not deliver trucks to Iraq because after award it requested an End-User Certificate, which the Government refused to issue)

Genome-Communications, ASBCA Nos. 57267, 57285 (Feb. 25, 2011) (grants contractor's motion for summary judgment that Government failed to pay for contractually compliant training materials provided by contractor and improperly terminated the contract for cause because its cure notice had imposed requirements above and beyond the contract requirements)

Fit-Net International Corp., ASBCA Nos. 56604, 56605 (Feb. 22, 2011) (upholds termination for cause because of late delivery of nonconforming supplies)

Smart Power Systems, Inc., ASBCA No. 56143 (Nov. 24, 2010) (summary judgment upholding default termination for failure to make progress and failure to provide adequate response to cure notice)

AmerescoSolutions, Inc., ASBCA No. 56811 (Nov. 15, 2010) (denies motion for summary judgment because contractor did not establish Government had waived the due date under the "unusual circumstances" legal standard required to establish waiver in  construction contract default termination appeals)

Job Options, Inc., ASBCA No. 56698 (May 20, 2010) (Government did not meet burden of proof for establishing propriety of deductions it took for allegedly deficient contract work)

Yonir Technologies Inc., ASBCA No. 56736 (Apr. 7, 2010) (upholds default termination based on failure of first article testing)

Weis Builders, inc., ASBCA No. 56306 (Feb. 17, 2010) (denies cross motions for summary judgment; standards for interpretation and enforcement of liquidated damages provision)

ZIOS Corp., ASBCA No. 56626 (Jan. 5, 2010) (upholds default termination)

R. L. Bates General Contractor Paving & Assocs., ASBCA No. 53641 (2009) (improper government prompt payment discount deductions from invoices)

AEON Group, LLC, ASBCA Nos. 56142, 56251 (Sep. 24, 2009) (denies motions for summary judgment re propriety of default termination and subsequent government claim for return of performance based payments because there is a material issue of fact with regard to the propriety of the termination)

American Turbo Systems, Inc. ASBCA No. 55906 (Sep. 24, 2009) (upholds default termination based on failure of first article unit to meet contract weight requirements)

Commwise, Inc. Joseph Wetzel d/b/a Avetel, ASBCA No. 56580 (Aug. 13, 2009) (grants Government's motion for summary judgment upholding its termination of purchase order for contractor's failure to deliver conforming supplies on schedule)

Mil-Spec Industries Corp., ASBCA No. 56070 (Aug. 6, 2009) (upholds default termination; contra proferentem is inapplicable if both parties agree on a particular interpretation)

Chum Hooper T/A Eye4Sports, ASBCA No. 56755 (July 24, 2009) (summary judgment for Government; violation of concession contract was material breach which entitled Government to terminate immediately for default) 

FitNet International Corp., ASBCA No. 56605 (July 23, 2009) (denies Government's motion to dismiss; Contracting Officer's decision on contractor's claims effectively was a reconsideration of earlier default termination decision)

Recon Optical, ASBCA No. 56289 (July 16, 2009) (denies contractor's motion for reconsideration of findings of two issues of material fact in prior denial of its motion for summary judgment in default termination appeal )

Pinnacle Armor, Inc., ASBCA No 55831 (July 16, 2009) (upholds termination of delivery order for cause; failure to complete delivery on time; failure to obtain industry standard compliance letter showing successful completion of required testing program)

American Renovation and Construction Co., ASBCA Nos. 53723, 54038 (June 30, 2009) (overturns Government's revocation of final acceptance (and default termination) because the revocation was not made within a reasonable time; termination of another contractor was proper because, even though Contracting Officer received 'marching orders' to terminate, she exercised careful discretion and patience before doing so)

Jurass Co., ASBCA No. 51527 (June 25, 2009) (upholds default termination for failure to provide fuel in accordance with contract specifications and failure to cure default)

New Era Contract Sales, Inc., ASBCA No. 56204 (Apr. 23, 2009) (default termination; excuses)

Keystone Capital Services, ASBCA No. 56565 (Apr. 20, 2009) (grants Government's summary judgment motion and upholds termination for default for failure to deliver on contract for machine guns)

Trace, Inc., ASBCA No. 56594 (Apr. 15, 2009) (sustains contractor's appeal that Government deducted amounts based on Contractor Deficiency Reports that were issued inappropriately)

Free & Ben, Inc., ASBCA No. 56129 (Apr. 14, 2009) (termination for default; denies cross motions for summary judgment; Government's duty to cooperate with contractor in its performance; appeal of Contracting Officer's failure to issue decision on claim)

Free & Ben, Inc., ASBCA No. 56129 (Dec. 22, 2009) (denies contractor's request for  reconsideration of summary judgment motion alleging Government breached its duty to cooperate)

Lasmer Industries, Inc.,  ASBCA No. 56411 (Apr. 1, 2009) (rescission of government claim)

Recon Optical, Inc., ASBCA No. 56289 (Mar. 20, 2009) ("Default" clause issues; whether cure notice covered the reasons for which the contractor was eventually terminated; termination for failure to deliver which was issued prior to specified delivery date cannot be sustained)

RO.VI.B. Srl, ASBCA No. 56198 (2008) (Fulford doctrine; appeal from excess reprocurement cost assessment saves contractor from late appeal from default termination; contractor's statement that it was appealing from "decisions" of stated date is sufficient to appeal from two, separate decisions, even though it did not further identify them and even though one of them did not include the appeal rights language of FAR 33.211)

ALKAI Consultants, LLC, ASBCA No. 55581 (2008) (converts default termination to termination for convenience; excusable delays; Government's failure to cooperate with contractor; Government's order to contractor to demobilize based on Government's misunderstanding of completion date)

DLT Solutions, Inc., ASBCA Nos. 54812, 55362 (2008) (Severin doctrine does not bar claim by contractor in a situation where there was a bank (financing institution) whose assignment of payments was recognized by the Contracting Officer; no board jurisdiction over tort claims of misrepresentation and deceitful inducement; Government breached "non-substitution" clause which prohibited it from replacing the contractor equipment with functionally equivalent equipment for a period of one year after termination; lack of evidence of bad faith termination)

Vantage Assocs., ASBCA No. 55647 (2008) (contractor's failure to deliver on purchase order by revised delivery date justifies cancellation without costs despite contractor's allegation that notices it allegedly sent stating it could not perform on time were forgeries)

Comptech Corp., ASBCA No. 55526 (2008) (Government's cancellation of unilateral purchase orders was proper where contractor failed to deliver conforming supplies with required time and Government properly rejected contractor's request for waiver of material purchase order requirements)

Bath Iron Works Corp., ASBCA No. 54544 (2008) (costs of inspection and correction of corroded pipe are the responsibility of the contractor because the corrosion of such piping was due to the contractor's nonconforming workmanship under the defective/nonconforming workmanship exclusion to the contract's Insurance clause)

DCX-CHOL Enterprises, ASBCA No. 54707 (2008) (rejection of nonconforming supplies; propriety of no-cost cancellation of delivery orders)

Kostmayer Construction, LLC, ASBCA No. 55053 (2008) (improper termination for failure to make progress; adequate response to cure letter)

William Thomas Elam, ASBCA No. 55521 (2008)(Government's right to recover amounts it paid in excess of contractor's actual living expenses; detrimental reliance; estoppel; no board jurisdiction over claims based on "humanitarian" grounds)

Fox Construction Inc., ASBCA Nos. 55265, 55266, 55267 (2008) (construction contract; government damages for defects in contractor's performance; delay claim; "loss of production" theory of recovery)

PRIDE Industries, ASBCA No. 55771 (2007) (propriety of Government's deductions for performance failures)

Shubhada Industries, Inc., ASBCA No. 54016 (2007) (default termination; excuses; impossibility; abuse of contracting officer's discretion to terminate)

Zulco Int'l, Inc., ASBCA No. 55441 (2007) (default termination; first article testing; failure of contractor to object to a late award)

FFR-Bauelemente + Bausanierung, GmbH, ASBCA Nos. 52152, et. al (2007) (default termination; excess reprocurement costs)

Advance Constr. Services, Inc. ASBCA No.  55232 (2007) (default termination)

All-State Construction, Inc., ASBCA No.  50586 (2007) (default termination; motion for recon. denied)

Demusz Mfg. Co., Inc., ASBCA No. 55311 (2006) (termination for default)

Chem-Care Co., ASBCA 53614 (2006) (liquidated damages and excessive inspections)

B&B Devices, Inc., ASBCA No. 55052 (2006) (termination for default)

General Injectables & Vaccines, Inc., ASBCA No. 54930 (2006) (termination for default)

ACR Machine, Inc., ASBCA No. 54734 (2006) (termination for default)

Spectrum Healthcare Services, Inc., ASBCA No. 55120 (2006) (termination of order for cause)

Whitesell-Green, Inc., ASBCA Nos. 53938 (2006) (liquidated damages; delay damages)

All-State Constr., Inc., ASBCA No. 50586 (2006) (default termination--on remand from Fed. Cir.)

B. W. Farrell, Inc., ASBCA No. 53311 (2006) (differing site conditions; liquidated damages)

Range Technology Corp., ASBCA Nos. 51943 et al (2006) (default termination; advance payment)

Technocratica, ASBCA Nos. 47792 et al (2006) (termination for default; delays in access to worksite)

Alameda Reuse and Redevelopment Authority, ASBCA No. 54684 (2006) (government claims)

 

Convenience Terminations

Lasmer Industries, Inc., ASBCA Nos. 56946, 56966 (Jan. 20, 2011) (Government's issuance of no cost termination "because of the impossible specification" provided all relief originally requested by contractor, so appeal dismissed over contractor's objection)

Sybion Ozdil Joint Venture, ASBCA No. 56713 (Jan. 25, 2010) (whether calculation of amount owed for extra work on contract terminated for convenience should be at cost under "Changes" clause or pursuant to specification establishing unit price for work; interest issues)

Red River Holdings, LLC, ASBCA No. 56316 (Nov. 4, 2009) (denies various claims submitted after constructive termination for convenience because they were not cognizable under FAR 52.212-4(l), the commercial items "Termination for Convenience" clause)

Wackenhut Services, Inc., ASBCA No. 55691 (2008)("Option to Extend Term" clause versus "Option to Extend Services" clause; contract interpretation; deductive change or partial termination for convenience)

Individual Development Assocs., ASBCA No. 55174 (2007) (net credit to Government on convenience termination settlement)

The Swanson Group, Inc. ASBCA No. 54863 (2007) (timeliness of termination settlement proposal)

Individual Development. Assocs., Inc., ASBCA Nos. 55174, 55188 (2006) (termination claim)

 

Inspection

 

M. L. Energia, Inc., ASBCA No. 55947 (July 24, 2012) (Government entitled to equitably reduce contract price under "Inspection" clause because contractor failed to perform all required work); on reconsideration, case is remanded to parties to negotiate quantum

Laser Manufacturing, Inc., ASBCA Nos. 55436, 55437 (Feb. 19, 2010) (interpretation of inspection and acceptance criteria)

Clark Construction Co., ASBCA No. 53914 (Jan. 5, 2010) (no improper delays or errors in Government's review and rejection of submittals)

Yardney Technical Products, Inc., ASBCA No. 53866 (Oct. 1, 2009) (first article inspection; standards for inspection and rejection; performance of pre-existing duty is not consideration for a purported change)

Chem-Care Co., ASBCA 53614 (2006) (Liquidated damages and excessive inspections)

M. A. Mortenson Co., ASBCA Nos. 53647 et al (2006) (sponsored subcontractor claim for excessive inspection)

Mitchell Enterprises, Inc., ASBCA Nos. 53202 et al (2006) (cost of correcting punch list items)

 

Quantum; Measure and Elements of Damages; Payment

 

Job Options, Inc., ASBCA No. 59314 (Nov. 5, 2014) (calculation of equitable adjustment for increased labor costs associated with the storage of additional goods under a contract  to provide inventory management, shelf stocking, and janitorial services)

Magwood Services, Inc., ASBCA No. 59293 (Sep. 16, 2014) (analysis of various areas of claimed costs in convenience termination settlement proposal)

Bruce E. Zoeller, ASBCA No. 56578 (June 11, 2014) (determination of quantum owed contractor for IBF seed crop)

RLB Contracting, Inc., ASBCA No. 57638 (Jan. 3, 2014) (Board uses jury verdict method, rather than total cost approach, to determine quantum of excess costs resulting from required movement of excavation pit from the location the contractor had anticipated), contractor's motion for reconsideration denied

Joe Phillips, ASBCA No. 57280 (Mar. 19, 2013) (measure of damages, in particular lost profit, for Government's breach (by diversion) of requirements contract; jury verdict method; reduces 79% profit rate sought by contractor to 30%), motion for reconsideration denied

Tiger Enterprises, Inc., ASBCA No. 57733 (Mar. 20, 2013) (denies appeal because Government paid contract amounts to bank under valid assignment)

South Carolina Public Service Authority, ASBCA No. 57826 (Feb. 14,2013) (contractor entitled to indemnification from Government for amount found due by jury in separate action on claims against it for flooding by third party landowners plus CDA interest from the time it submitted indemnification claim to Government)

TMS Envirocon, Inc., ASBCA No. 57286 (June 18, 2012) (dismisses most claims for failure to comply with CDA's six-year statute of limitations; denies claim for REA preparation costs because prepared in anticipation of litigation, not negotiations, and unreasonable in amount compared to cost of claims)

Muhtesem Co., ASBCA No. 57538 (Feb. 7, 2012) (grants motion to dismiss (for lack of jurisdiction) the following elements of damages claimed to result from Government's late final payment under contract: interest on borrowing; loss of reputation; and loss of anticipatory profits on other business opportunities)

Raytheon Co., ASBCA No. 54907 (Oct. 31, 2011) (on remand from Federal Circuit, Board holds contractor owes interest on principal due Government for CAS 413 noncompliance until date interest is paid rather than only to date principal is paid as maintained by contractor)

Maggie's Landscaping, Inc., ASBCA No. 56748 (September 30, 2011) (corrects determination of quantum of costs associated with increased number of mowers and mowing time as a result of contractor's request for reconsideration) 

Maggie's Landscaping, Inc., ASBCA No. 56748 (July 22, 2011) (determination of quantum for both contractor's and government's mowing and landscaping claims)

Southwest Marine Inc., ASBCA No. 54550 (June 16, 2011) (quantum due Navy as a result of debt concessions by creditors after confirmation of Chapter 11 reorganization plan of company in bankruptcy), subsequently affirmed on reconsideration.

David J. Needham, ASBCA No. 57133 (Oct. 25, 2010) (elements of costs recoverable under convenience termination proposal of aircraft lease)

ALKAI Consultants, LLC, ASBCA Nos. 56792, 56954 (June 24, 2010) (types of costs recoverable under FAR 52.212-4, i.e., the commercial items "Termination for Convenience" clause)

Whiting-Turner Contracting Co., ASBCA No. 56319 (May 6, 2010) (no right of interest on claims under contract with nonappropriated fund instrumentality)

SUFI Network Services, Inc., ASBCA No. 55306 (Apr. 5, 2010) (revises certain elements of damages calculation after considering contractor's request for reconsideration of prior decision on request for reconsideration)

States Roofing Corp., ASBCA No. 54854 (Mar. 15, 2010) (determination of quantum owed contractor after reversal and remand from Court of Appeals for the Federal Circuit)

Al-Dhiyaa Bureau for General Contracting, ASBCA Nos. 55799, 55789, 55790 (Mar. 10, 2010) (whether government payment was properly made to contractor's authorized representatives)

Sybion Ozdil Joint Venture, ASBCA No. 56713 (Jan. 25, 2010) (whether calculation of amount owed for extra work on contract terminated for convenience should be at cost under "Changes" clause or pursuant to specification establishing unit price for work; interest issues)

States Roofing Corp., ASBCA No. 55504 (Jan. 19, 2010) (cost-proposal preparation costs)

SUFI Network Services, Inc., ASBCA No. 55306 (July 15, 2009) (on reconsideration, more than doubles quantum of contractor's recovery)

Systore Companies, Inc.  d/b/a Advanced Communications Systems, ASBCA No. 52592 (May 18, 2009) (government breach of license agreement; failure of proof of damages, especially lost profit)

States Roofing Corp., ASBCA No. 55508 (May 5, 2009) (quantum issues)

States Roofing Corp., ASBCA No. 55507 (Mar. 4, 2009) (quantum of government claim for deductive change; profit should not be included in deductive change amount on a loss contract; evidence first presented after record of hearing was closed is inadmissible; Government did not meet burden of proof for establishing its estimate of direct labor)

Beyley Construction Group Corp., ASBCA No. 55692 (2008) (quantum meruit; lack of evidence of implied-in-fact contract; incomprehensible cost estimates)

Southwest Marine, Inc., ASBCA No. 54550 (2008) (quantum portion of appeal; scope of government claim)

States Roofing Corp., ASBCA No. 55506 (2008) (quantum decision; costs associated with change and rental crane)

GAP Instrument Corp., ASBCA No. 55041 (2008) (appeal of quantum; lost profits; insufficiency of evidence for use "jury verdict" method)

Total Procurement Service, Inc. ASBCA Nos. 54163, 55821 (2008) (CDA jurisdiction; failure to state a sum certain in claim; failure to prove damages from breach)

Fru-Con Constr. Corp., ASBCA Nos. 55197, 55248 (2007) (contractor and government quantum claims; deductive changes; cost savings; delays)

GAP Instrument Corp., ASBCA No. 55041 (2007) (quantum issues)

Tulsa Mid-West Constr. Co., ASBCA No. 55153 (2007) (construction contract claim quantum; Eichleay)

Advanced Communications Systems, ASBCA No. 52592 (2006) (measure of damages)

Guarino Corp., ASBCA Nos. 55015, 55028 (2006) (interest; measure of equitable adjustment)

Bath Iron Works Corp., ASBCA No. 54544 (2006) (reconsideration; CDA interest; legal fees; other damage issues)

 

Discovery; Evidence; Procedure; Motion Practice; Stay of Appeal; Summary Judgment; Motions for Reconsideration

 

Environmental Safety Consultants, Inc., ASBCA No. 58343 (Oct. 23, 2014) (imposes evidentiary sanctions as remedy for contractor's failure to comply with Board's discovery order)

Capy Machine Shop, Inc., ASBCA No. 59085 (Oct. 22,2014) (denies government motion for summary judgment because it had not established contractor anticipatorily repudiated contract)

ZAAZTC Co., ASBCA No. 59194 (Oct. 9, 2014) (dismisses appeal for failure to prosecute after contractor failed to respond to Board order)

Jaynes Corp., ASBCA No. 59453-947 (Sep. 3, 2014) (arguments over when Contracting Officer should be required to issue decision)

Lael Al Sahab & Co., ASBCA No. 58346 (Sep. 2, 2014) (denies government motion to dismiss because contractor's representative had submitted satisfactory evidence that he is officer of company)

GSC Construction, Inc., ASBCA No. 59046 (Sep. 2, 2014) (denies government motion for summary judgment)

Environmental Safety Consultants, Inc., ASBCA No. 58343 (Sep. 2, 2014) (denies contractor's motion for judge and presiding panel to recuse themselves)

MIC/CCS Joint Venture, ASBCA No. 58023 (July 22, 2014) (denies contractor's motion for summary judgment because of unresolved questions of fact and law)

BAE Systems San Francisco Ship Repair, ASBCA No. 58810 (July 15, 2014) (contractor not entitled to summary judgment as to allowability of disputed costs simply because DCAA audit took no exception to claimed costs)

So-Co Piedmont, J.V., LLC, ASBCA No. 59318-946 (July 11, 2014) (denies contractor's request for board order directing Contracting Officer to issue a decision on complex claim in advance of date established by Contracting Officer)

Al Barih for General Contracting Ltd., ASBCA Nos. 57148, et al. (July 7, 2014) (dismisses appeals for failure to prosecute--financial hardship in locating attorney is not adequate excuse), affirmed on reconsideration 

Automotive Management Services, ASBCA No. 58352 (June 26, 2014) (denies cross motions for summary judgment because of multiple open fact issues)

Caddell Constr. Co., ASBCA No. 57831 (June 19, 2014) (denies government motion for summary judgment because of disputed material facts)

BAE Systems San Francisco Ship Repair, ASBCA No. 58809 (June 19, 2014) (DCAA audit report approval of disputed costs is not dispositive; it is Contracting Officer's role to make final determination)

Tele-Consultants, Inc., ASBCA No. 58129 (June 9, 2014) (denies contractor's motion to dismiss appeal without prejudice under Rule 30 so that it could seek relief from Congress because it lacked resources to pursue appeal)

MIC/CCS, Joint Venture, ASBCA No. 58242 (May 14, 2014) (denies contractor's motion for summary judgment because factual issues remain as to propriety of default termination of delivery order)

Beechcraft Defense Co., ASBCA No. 59173 (Apr. 24, 2014) (grants contractor's request to require Government to file complaint in case involving government allegations of CAS 402 noncompliance by contractor)

Lobar, Inc., ASBCA No. 59178 (Apr. 18, 2014) (Board stays proceedings on appeal of deemed denial of claim to allow Contracting Officer time to issue decision as a means to facilitate potential settlement of claim)

Public Warehousing Co., K.S.C., ASBCA No. 58078 (Apr. 10, 2014) (dismisses appeal without prejudice pursuant to Rule 30 due to pending criminal case in district court with overlapping issues)

Eyak Services, LLC, ASBCA Nos. 58556, 58557 (Apr. 1, 2014) (denies cross motions for summary judgment on government claims for return of alleged overpayments to contractor because of open issues of fact)

Eyak Technology, LLC, ASBCA Nos. 58552, et al. (Apr. 1, 2014) (denies cross motions for summary judgment on government claims for return of alleged overpayments to contractor because of open issues of fact)

HTA Aviation, LLC, ASBCA Nos. 57891, et al. (Mar. 27, 2014) (denies Government's motions for partial summary judgment on contractor's claims for aircraft-repair work because of material issues of fact concerning the manner in which the Government administered the contract, the authority of various government employees with regard to authorizing repair work, and the course of dealing between the parties concerning how certain types of repair work were to be accomplished and paid for)

Mylene Will Company LLC, ASBCA No. 58332 (Mar. 18, 2014) (dismisses appeal for failure to prosecute)

Advanced Technology Logistics, Inc., ASBCA No. 58665 (Mar. 11, 2014) (dismisses appeal for failure to prosecute)

Thorpe Seeop Corp., ASBCA No. 58961 (Feb. 27, 2014) (denies contractor's motion for sanction of default judgment against Government due to its failure to file a timely answer)

Jayco International, LLC, ASBCA No. 58461 (Feb. 12, 2014) (denies government motion for summary judgment because of fact issues over whether contract was modified to allow "or equal" batteries)

Teledyne Brown Engineering, Inc., ASBCA No. 58636 (Jan. 6, 2014) (denies government motion for summary judgment that, because contract was cost-plus-fixed fee, contractor could not possibly have earned full fee because contract's ceiling cost was only approximately half funded)

Bruce E. Zoeller, ASBCA No. 56578 (Dec. 17, 2013) (motion for reconsideration filed 32 minutes past 30-day deadline will not be considered)

The Boeing Co., ASBCA No. 58587 (Dec. 3, 2013) (refuses to dismiss claims related to several contracts because Government misidentified one contract number; allows Government to correct the number in the record)

Teddy's Cool Treats, ASBCA No. 58384 (Dec. 3, 2013) (denies Government's motion for summary judgment concerning default termination of concession contract because of disputed factual issues concerning (i) the extent to which contractor had made improper sexual comments and actions and (ii) whether contractor's actions had brought discredit on agency)

Laguna Construction Co., ASBCA No. 58324 (Nov. 22, 2013) (grants Government's motion to amend its answer to include affirmative defense of fraud after contractor's vice president pleaded guilty to soliciting and receiving kickbacks from subcontractors involved in a number of contracts, including the one involved in the current appeal)

SERDI, LLC, ASBCA No. 58507 (Oct. 29, 2013) (disputed material issues of fact as to whether Government failed to cooperate with contractor and delayed commencement of the work preclude summary judgment for Government)

Newhall Telecom, LLC, ASBCA No. 57438 (Aug. 15, 2013) (grants government motion to dismiss for failure to prosecute)

Alderman Building Co., ASBCA No. 58082 (Aug. 8, 2013) (denies majority of cross motions for summary judgment, including those regarding alleged release of claims, because of disputed issues of fact)

Bruce E. Zoeller, ASBCA No. 56578 (June 27, 2013) (grants Government's motion for summary judgment as to contractor's claims of superior knowledge and bad faith in lease cancellation)

Government Technical Services, LLC, ASBCA No. 57744 (June 21, 2013) (grant's pro se appellant's motion to dismiss without prejudice (for 12 months) under Rule 30 due to pending criminal matter in another court; dismissal becomes with prejudice unless either party moves to reinstate within 12 months)

Ensign-Bickford Aerospace & Defense Co., ASBCA No. 57929 (May 23, 2013) (denies government motion for dispositive sanction of adverse inference against contractor for discarding evidence (tested items) primarily because Government has not been prejudiced since other evidence is available on the issue in question)

Laguna Construction Co., ASBCA No. 58292 (May 13, 2013) (grants Government's motion to stay pending outcome of related criminal proceedings)

The Public Warehousing Co., ASBCA No. 57510 (May 13, 2013) (denies contractor's motion for summary judgment because its interpretations of the the contract provisions are inconsistent with the provisions and intent of a relevant contract modification)

Tri-County Contractors, Inc., ASBCA No. 58167 (May 6, 2013) (denies Government's motion for summary judgment because of material issues of fact whether contractor's signature of general release in connection with final invoice was intended to release two previously-submitted claims)

Pratt & Whitney Rocketdyne, Inc., ASBCA No. 58307 (Mar. 4, 2013) (refuses to dismiss proceedings, but suspends them to permit consolidation with closely related dispute that has only reached the REA submission stage)

Kellogg Brown & Root Services, Inc., ASBCA No.57530, 58161 (Feb. 20, 2013) (dismisses appeals without prejudice under ASBCA Rule 30 because of False Claims Act litigation in federal district court covering same claims), contractor's motion for reconsideration denied.

Macro-Z-Technology, ASBCA No. 56711 (Jan. 29, 2013) (denies cross motions for summary judgment involving validity of nonstandard "Order of Precedence" clause)

The Public Warehousing Co., ASBCA No. 56022 (Dec. 3, 2012) (rulings on various discovery motions in case where there are concurrent district court civil and criminal fraud proceedings concerning same contractor and same contract, although distinct issues)

BYA International LLC, ASBCA No. 57608 (Nov. 29, 2012) (denies motion for summary judgment; whether forbearance period preceding default termination was reasonable is question of fact)

Hanley Industries, Inc., ASBCA No. 56584 (Nov. 29, 2012) (denies Government's motion for summary judgment upholding default termination because of disputed issues of fact)

Seven Seas Shipchandlers, LLC, ASBCA Nos. 57875, et al. (Nov. 26, 2012) (denies motion for summary judgment on issue whether individual had apparent authority to receive payments on behalf of contractor because of disputed material facts); motion for reconsideration subsequently denied

Kevin Anderson, ASBCA No. 57738 (July 18, 2012) (denies motion to strike portions of complaint)

Kellogg Brown & Root Services, Inc., ASBCA No. 56358 (June 22, 2012) (denies Government's motion for reconsideration of prior decision)

Triage Logistics Services Corp., ASBCA No 57790 (June 20, 2012) (denies Government's motion to dismiss because contractor gave Government adequate notice of basis and amount of claim; denies cross motions for summary judgment because of disputed issues of material fact)

TMS Envirocon, Inc., ASBCA No. 57286 (June 19, 2012) (denies government motion that release barred claims; contractor raised genuine issues of fact the Contracting Officer had reason to know contractor did not intend to release claims and that person who signed release did not have authority to do so)

Trace Systems Inc., ASBCA No. 57574 (May 25, 2012) (denies contractor's motion for summary judgment on issue of entitlement to recovery for latent ambiguity because contractor has not proved it relied on its interpretation in bidding)

Martin Edwards & Assocs., ASBCA No. 57718 (May 21, 2012) (denies Government's motion to dismiss or for summary judgment because contractor has raised triable issue of fact whether Government's misrepresentation induced contractor to release claim as part of no-cost termination)

The Boeing Co., ASBCA No. 54853 (May 15, 2012) (denies cross motions for partial summary judgment because there remain triable issues with regard to each; denies motion to strike as premature)

ABB AB, ASBCA No. 57509 (Apr. 12, 2012) (denies cross motions for summary judgment because of material issues of fact concerning claims under "Changes" and "War Risks" provisions)

Kellogg Brown & Root Services, Inc., ASBCA No. 56358 (Apr. 2, 2012) (denies both parties' dispositive motions because, while contract contained no categorical prohibition on the use of armed private security companies, without the express permission of the Theater Commander, to supplement the government force protection where necessary to accomplish the logistical support mission, other material facts remain in dispute)

SplashNote Systems, Inc., ASBCA No. 57403 (Apr. 6, 2012) (denies motion for reconsideration of prior decision disallowing (i) deferred IR&D costs and (ii) large bonus as distribution of profit)

Free & Ben, Inc., ASBCA No. 56129 (Mar. 9, 2012) (denies motion for reconsideration of prior decision)

DTC Engineers & Constructors, LLC, ASBCA No. 57614 (Mar. 9, 2012) (denies Government's motion for partial summary judgment that claim for severe weather delays was precluded by accord and satisfaction in bilateral modifications)

EJB Facilities Services, ASBCA No. 57547 (Mar. 8, 2012) (denies plaintiff's motion for partial summary judgment as moot and denies  Government's motion for summary judgment because of disputed issues of material fact)

EJB Facilities Services, ASBCA No. 57434 (Mar. 7, 2012) (denies cross motions for summary judgment relating to claim for extra work because of disputed issues of material fact)

Zafer Taahhut Insaat ve Ticaret A.S., ASBCA No. 56770 (Feb. 17, 2012) (denies Government's motion to reconsider prior decision denying Government's motion to dismiss and holding contractor had submitted proper CDA claim; claim adequately stated a sum certain)

General Dynamics Ordnance and Tactical Systems, Inc. ASBCA Nos. 56870, 56957 (Feb. 3, 2012) (in case involving unanticipated costs associated with Government's allegedly inadequate estimates concerning ammunition quantities, Government's willful failure to comply with Board's order to turn over documents to contractor during discovery merits sanction of adverse inference that documents, if disclosed, would have shown that there was relevant information available to the Army that it failed to consider when developing the estimates in question for the solicitation documents, thereby causing the estimates to be inadequately or negligently prepared) 

Red Sea Engineers & Constructors, ASBCA No. 57448 (2012) (denies motion for reconsideration of prior decision denying motion for summary judgment)

Ensil International corp., ASBCA Nos. 57297, 57445 (Jan. 30, 2012) (denies cross motions for summary judgment concerning termination for cause because of disputed issues of material fact)

Parsons-UXB, Joint Venture, ASBCA No. 56481 (Jan. 12, 2012) (grants contractor's motion to exclude export report and testimony because nothing in the proffered evidence requires expert testimony)

Joint Venture Makyal Ins. Ve Tic. A.S. & Mehmet Erdal Kamisli Co. Ltd., ASBCA No. 56956 (Dec. 28, 2011) (denies cross motions for summary judgment on delay claim in construction contract because of disputed issues of material fact)

American General Trading & Contracting, WLL, ASBCA No. 56758 (Dec. 13, 2011) (denies cross motions for summary judgment on claim based on negligent estimates; Board lacks jurisdiction over claim based on FAR Part 50 (for extraordinary contractual relief) but has jurisdiction over alternative claim theory of breach of implied-in-fact contract)

The Davis Group, Inc. ASBCA No. 57523 (Dec. 1, 2011) (denies motion for reconsideration of prior decision except for changes to findings of fact that do not change result)

Red Sea Engineers & Constructors, ASBCA No. 57448 (Nov. 9, 2011) (denies summary judgment on appeal from default termination because two of the three alleged bases for complaining of the termination are invalid and the third involves issues of material fact)

American Bridge Co., ASBCA No. 57246 (Nov. 9, 2011) (denies cross motions for summary judgment because of material disputed facts in excavation claim)

CI2, Inc., ASBCA Nos. 56257, 56337 (Nov. 10, 2011) (denies contractor's motion for partial reconsideration of prior decision)

Southwest Marine, Inc., ASBCA No. 54550 (Nov. 1, 2011) (denies contractor's motion for reconsideration of prior decision finding Government entitled to recovery of overpayment as a result of debt concessions related to bankruptcy proceeding)

WestWind Technologies, Inc., ASBCA No. 57436 (Oct. 19, 2011) (denies motion for reconsideration because it does not raise any new issues or arguments) 

Cooley Constructors, Inc., ASBCA No. 57404 (Oct. 12, 2011) (denies government motion for summary judgment because there are issues of fact regarding contract interpretation)

Raytheon Missile Systems, ASBCA No. 57594 (Oct. 11, 2011) (denies contracting agency's motion for summary judgment because of material disputed facts over whether that agency's relationship with another government agency resulted in increases in fuel prices for which contractor is seeking recovery under theories of constructive change and breach of the duty of non-interference with contract performance)

Tzell Airtrack Travel Group Corp., ASBCA No. 57313 (Sep. 22, 2011) (denies government motion for summary judgment as to validity of termination for cause because contractor has raised genuine issues of fact concerning material misrepresentations of fact by Government in inducing formation of contract)

General Dynamics Land Systems, Inc., ASBCA No. 57293 (Sep. 21, 2011) (denies contractor's motion for partial summary judgment because record is inadequate to determine whether Advance Agreement in question was within Government's authority to make)

Zafer Taahhut Insaat ve Ticaret A.S., ASBCA No. 56770 (Sep. 11, 2011) (denies government motion to dismiss; contractor's submission to Contractor Officer constitute CDA claim)

CI2, Inc., ASBCA Nos. 56257, 56337 (Aug. 12, 2011) (denies cross motions for summary judgment because disputed facts on both sides)

The Boeing Co., ASBCA No. 54853 (July 28, 2011) (denies contractor's motion for summary judgment with regard to Government's affirmative defense that individual authorizing use of an indemnification clause in contract lacked authority to do so; grants contractor's motion with regard to Government's affirmative defense that the contractor had misrepresented whether certain insurance had been obtained)

Free & Ben, Inc., ASBCA No. 56129 (July 18, 2011) (motion for reconsideration sent by email and received after Board's business hours but before midnight on last day for filing was timely)

Parsons-UXB Joint Venture, ASBCA No. 56481 (July 22, 2011) (denies government motion to compel production of documents; waiver of attorney-client privilege)

A. Montano Electrical Contractor, ASBCA No. 56951 (June 23, 2011) (dismisses request for reconsideration of prior decision as untimely filed)

ASFA Construction Industry and Trade, Inc., ASBCA No. 57269 (June 23, 2011) (denies government motion for summary judgment that no implied-in-fact contract existed because further development of the record is needed)

The Public Warehousing Co., ASBCA No. 56022 (June 22, 2011) (denies government motion to dismiss appeal for lack of jurisdiction and grants contractor's motion to amend complaint from theory of unjust enrichment to those of breach and constructive changes because both original and revised complaints involve same operative underlying facts and same requested relief)

Joiner Systems, Inc. ASBCA No. 57097 (June 13, 2011) (rulings on whether various statements in complaint are within scope of appeal or should be stricken)

Cardinal Maintenance Service, Inc. ASBCA No. 56885 (Apr. 8, 2011) (denies motion for reconsideration of decision dismissing appeal as time-barred)

Bruce E. Zoeller, ASBCA No. 56578 (Mar. 23, 2011) (denies motion for reconsideration of prior denial of request for sanctions against the Government)

Kolin Construction, Tourism, Industry, and Trading Co., ASBCA Nos. 56941, 57066 (Mar. 23, 2011) (denies Government's motion for reconsideration of Board's denial of Government's motion for summary judgment)

Smart Power Systems, Inc., ASBCA No. 56473 (Feb. 3, 2011) (denies motion for reconsideration of motion granting Government's motion for summary judgment of propriety of default termination)

Kolin Construction, Tourism, Industry, and Trading Co., ASBCA Nos. 56941, 57066 (Jan. 20, 2011) (denies Government's motion for summary judgment on construction contract delay claims because there are material, disputed facts concerning, inter alia, the interpretation of release language)

AECOM Government Services, Inc., ASBCA No. 56861 (Jan. 14, 2011) (Board refuses to grant relief from prior judgment after period to file motion for reconsideration has expired because the evidence presented in support of the requested relief does not qualify as newly discovered evidence)

Kellogg Brown & Root Services, Inc., ASBCA Nos. 56358, 57151 (Nov. 23, 2010) (denies government motions to stay appeals pending resolution of suit under False Claims Act because (i) insufficient similarity between the actions; (ii) insufficient showing by Government of prejudice to suit from proceeding with board appeals; and (iii) indefinite length of requested stay)

Kellogg Brown & Root Services, Inc., ASBCA No. 56256 (Nov. 23, 2010) (denies government motion for to dismiss for lack of subject matter jurisdiction under CDA; claim for unpaid invoices on contract unilaterally transferred by Corps of Engineers to Interim Iraqi Government and thereafter funded by Development Fund for Iraq funds, which are nonappropriated funds)

Computer Sciences Corp. ASBCA No. 56175 (Nov. 1, 2010) (denies government motion for summary judgment because additional evidence is needed concerning meaning and intent behind various contract provisions and agreements)

American AquaSource, Inc., ASBCA No. 56677 (Oct. 28, 2010) (denies contractor's motion for reconsideration of prior decision denying its motion for summary judgment; issues of waiver, forbearance; and failure to set new delivery date)

United Healthcare Partners, Inc., ASBCA No. 56939 (Oct. 27, 2010) (denies Government's motion motion for reconsideration (of the Board's prior decision denying the Government's request for summary judgment) because (i) the Board did not hold that the solicitation was an RFQ and (ii) under parol evidence rule, instructions to bidders may be used to interpret subsequent contract)

Genome-Communications, ASBCA No. 57267 (Oct. 27, 2010) (factual issues prevent summary judgment on question whether contractor is entitled to payment for providing training materials for instructional seminar and whether materials complied with contract requirements)

American AquaSource, Inc., ASBCA No. 56677 (Sep. 22, 2010) (denies contractor's motion for summary judgment that Government, by delay, waived its right to terminate for default after contractor missed delivery date or, alternatively, failed to provide required cure notice before terminating for reason other than late delivery)

Bruce E. Zoeller, ASBCA No. 55678 (Sep. 20, 2010) (denies contractor's motion for reconsideration of Board's earlier decision on the merits, denying its claims)

Bruce E. Zoeller, ASBCA No. 56578 (Sep. 14, 2010) (denies contractor's motions for sanctions against the Government for failing to produce discovery documents that the Government was unable to locate)

COSTAR III, LLC, ASBCA Nos. 55297, 55298, 55299 (Sep. 13, 2010) (denies motion for reconsideration of earlier decision)

Kaman Precision Products, Inc., ASBCA Nos. 56305, 56313 (Aug. 4, 2010) (denies cross motions for summary judgment)

Al Khudhairy Group, ASBCA Nos. 56131, 56374 (Aug. 5, 2010) (denies motions for summary judgment that default termination was improper and that contractor was entitled to compensation for delays; commercial impracticability; defective specifications; substantial completion)

Contrack International, Inc., ASBCA Nos. 56607, 56609 (Aug. 5, 2010) (denies government motions for summary judgment; contractor claims for interest on delayed government payments of amounts due by reason of settlement agreement)

Job Options, Inc., ASBCA No. 56698 (July 29, 2010) (denies Government's request for reconsideration)

General Dynamics Ordnance and Tactical Systems, Inc., ASBCA Nos. 56870, 56957 (July 26, 2010) (Board finds it has authority to and does order production of certain discovery materials subject to protective order, but stays just its order for 60 days to allow Government to assess its options including possible appeal to Federal Circuit)

Thorington Electrical and Construction Co., ASBCA Nos. 56895, et al. (July 16, 2010) (denies motion by performance and payment bond surety to intervene in appeals because it is not a contractor with respect to the claims involved in the appeals)

The Minesen Co., ASBCA No. 56346 (July 16, 2010) (dismisses appeal because agency's "continuing" failure to cure alleged breach involved in another pending appeal does not create new claim that may be appealed separately)

Guy W. Parker d/b/a Parker International, ASBCA No. 56928 (July 14, 2010) (denies motion for reconsideration of earlier decision)

Corners and Edges, Inc., ASBCA No. 55619 (July 14, 2010) (dismisses claim as barred by res judicata and collateral estoppel because it was decided in earlier board opinion)

Kaman Precision Products, Inc., formerly dba Kaman Dayron, Inc., ASBCA Nos. 56305, 56313, 56947 (July 9, 2010) (refuses to stay most elements of appeal from default termination for pending District Court False Claims Act case on related issues)

American Renovation and Construction Co., ASBCA No. 53723 (June 16, 2010) (denies motion for reconsideration of decision on contractor's defective specification claims and Government's revocation of acceptance issues)

Al-Dhiyaa Bureau for General Contracting, et al., ASBCA Nos. 55788 et al. (June 16, 2010) (denies motion for reconsideration)

Zios Corp., ASBCA No. 56626 (June 1, 2010) (denies motion for mistrial based on alleged government tampering with hearing transcript and Rule 4 file)

DCX-CHOL Enterprises, ASBCA Nos. 56187, 56188, 56189 (May 24, 2010) (denies cross motions for summary judgment on propriety of default terminations)

Inchcape Shipping Services, ASBCA Nos. 57152 - 57160 (May 6, 2010) (denies government motion to remove set of nine appeals from the Rule 12.3 accelerated docket because the choice to use accelerated procedures under the CDA is the contractor's)

SUFI Network Services, Inc., ASBCA No. 55306 (Apr. 5, 2010) (revises certain elements of damages calculation after considering contractor's request for reconsideration)

Ingenium Corp., ASBCA No. 56764 (Mar. 15, 2010) (denies Government's motion for summary judgment on default termination appeal)

Palm Springs General Trading and Contracting Establishment, ASBCA Nos. 56290, 56291, 56890 (Mar. 17 2010) (Board dismisses appeals without prejudice due to parallel False Claims proceedings in district court)

Skanska US Building, Inc., ASBCA No. 56339 (Mar. 10, 2010) (contract interpretation; denies cross motions for summary judgment)

Weis Builders, inc., ASBCA No. 56306 (Feb. 17, 2010) (denies cross motions for summary judgment; standards for interpretation and enforcement of liquidated damages provision)

UniTech Services Group, Inc., ASBCA No. 56482 (Jan. 22, 2010) (denies government motion for judgment on the pleadings--contractor claims Government's refusal to extend last in a series of laundry contracts under which plaintiff had been providing services for 35 years was breach (or termination for convenience) of implied-in-fact requirements contract)

Free & Ben, Inc., ASBCA No. 56129 (Jan. 22, 2010) (denies motion to reconsider denial of first motion for reconsideration of denial of motion for summary judgment)

Unconventional Concepts, Inc., ASBCA Nos. 56065, et al. (Dec. 28, 2009) (disposition of various contractor requests for summary judgment; lack of Contracting Officer's decision on government claims)

Free & Ben, Inc., ASBCA No. 56129 (Dec. 22, 2009) (denies contractor's request for reconsideration of summary judgment motion alleging Government breached its duty to cooperate)

Bruce E. Zollar, ASBCA No. 56578 (2009)(grants government motions for partial summary judgment due to res judicata)

Corners and Edges, Inc., ASBCA Nos. 55611 et al. (2009) (denies various contractor motions for recusal, rehearing, and reconsideration)

SUFI Network Services, Inc., ASBCA No. 55306 (2009) (denies most claims on second motion for reconsideration, but does grant additional relief in two areas)

Ashbritt, Inc., ASBCA Nos. 56145, 56250 (Oct. 28, 2009) (denies contractor's motion for summary judgment and its motion to shift burden of proof to the Government)

Hamilton Acquisition Corp. t/a Stallings Group, ASBCA Nos. 55901, 56321 (Oct. 26, 2009) (denies cross motions to dismiss and all motions for summary judgment by both parties)

AshBritt, Inc. ASBCA No. 56826 (Sep. 28, 2009) (denies contractor's motion for summary judgment that Government's Changes clause counterclaims are untimely)

Public Warehousing Co., K.S.C., ASBCA No. 56116 (Sep. 25, 2009) (After twice staying proceedings for continuing fraud investigation, Board dismisses appeal without prejudice to refile after the fraud investigation is complete rather than issuing the summary declaratory judgment requested by contractor because the Board is not convinced a declaratory judgment would resolve the dispute)

Computer Sciences Corp., ASBCA Nos. 56168, 56169 (Sep., 24, 2009) (denies Government's motion for reconsideration)

Vibration and Sound Solutions Limited, ASBCA No. 56240 (Sep. 15, 2009) (procedure; motion to strike portions of complaint as not being part of claim originally submitted to Contracting Officer)

General Dynamics C4 Systems, Inc., ASBCA No. 56862 (Aug. 20, 2009) (denies motion for entry of judgment because parties have yet to resolve quantum issues remaining from earlier appeal)

Corners and Edges, Inc., ASBCA Nos. 55611, 55619 (June 12, 2009) (CBCA decision denying contractor's claims bars current action under doctrines of res judicata and or collateral estoppel)

Robison Quality Constructors, ASBCA Nos. 55784 (June 4, 2009) (motion for reconsideration denied)

Emergency Pest Control Services, ASBCA No. 55321 (June 4, 2009) (denies government motion for summary judgment)

KAMP Systems, Inc., ASBCA No. 54253 (July 2, 2009) (dismisses appeal because ACO rescinded underlying decision on government claim and vowed not to reissue it, thereby effectively conceding the contractor's position)

DLT Solutions, Inc., ASBCA Nos. 54812, 55362 (May 4, 2009) (denies motion for reconsideration)

L. S. Womack, Inc. ASBCA No. 56598 (Apr. 28, 2009) (Board chooses dismissal without prejudice over suspension of proceedings)

GAP Instrument Corp., ASBCA No. 55041 (Apr. 24, 2009) (denies contractor's motion for reconsideration)

Bath Iron Works Corp. ASBCA No. 54544 (Feb. 24, 2009) (denies contractor's Motion for Reconsideration and to Reopen the Record and Convene the Senior Deciding Group with respect to the Board’s decision at ASBCA No. 54544, 08-2 BCA 33,936)

Palm Springs General Trading and Contracting Establishment, ASBCA Nos. 56290. 56291 (2008) (denies  motion to stay appeals pending criminal proceedings because, inter alia, the Government failed to show that there were substantial similarities of facts, issues, and witnesses between the ongoing criminal investigation and the board appeals)

Water Reclaim Systems, Inc., ASBCA No. 55816 (2008) (motion for summary judgment precluded by disputed issues of fact re alleged government delays)

Ellis Environmental Group, LC, ASBCA No. 55375 (2008) (motion for reconsideration of original Ellis decision denied)

Unconventional Concepts, Inc., ASBCA Nos. 56065, et al (2008) (grants Government's motions for limited stay of proceedings due to ongoing criminal investigation)

Dick Pacific, GHEMM, JV, ASBCA No. 55826 (2008) (denies contractor's pre-hearing request for order to Contracting Officer to release withheld liquidated damages to contractor)

Calculus Cranes, ASBCA Nos. 53728, 53729, 53912 (2008) (Rule 11; burden of proof; lack of evidence that appellant's claims relate to any agreement binding on the Government)

Freedom NY, Inc., ASBCA No. 55466 (2008) (denying motion for reconsideration because claimed costs were not in original claim)

Freedom NY, Inc., ASBCA No. 55465 (2008) (denying motion for reconsideration)

Valenzuela Engineering, Inc. ASBCA Nos. 54939, 55464 (2008) (suspended corporation lacks capacity to maintain appeal)

FloorPro, Inc., ASBCA No. 54143 (2008) (affirming prior decision regarding third party beneficiary status)

AGES GROUP, ASBCA No. 55318 (2008) (motion for summary judgment denied; dispute as to whether cost reimbursable invoices were paid)

Public Warehousing Co., K.S.C., ASBCA No. 56116 (2008) (stay of proceedings pending DOJ investigation)

Zulco International, Inc., ASBCA No. 55441 (2008) (motion for reconsideration denied)

Armstead & Assocs., ASBCA 52610 (2008) (CDA jurisdiction; motion for reconsideration denied)

The Swanson Group, Inc., ASBCA No. 54863 (2008) (Government's request for reconsideration denied)

Readiness Management Support, L.C., ASBCA No. 55880 (2007) (denying Government's request to delay proceedings pending parallel civil litigation)

Factek, LLC, ASBCA No. 55345 (2007) (affirming decision on reconsideration)

Advanced Communications Systems, ASBCA No. 52592 (2007) (request to change appellant's name; board jurisdiction)

Environmental Safety Consultants, Inc., ASBCA No. 54615 (2007) (untimely motion for reconsideration)

All-State Construction, Inc., ASBCA No.  50586 (2007) (default termination; motion for recon. denied)

KiSKA Construction Corp.-USA , ASBCA Nos. 54613, -14 (2006) (affirming previous decision)

The Minesen Co., ASBCA Nos. 52488, 52811 (2006) (procedural motion--evidence)

Performance Constr. Inc., ASBCA No. 53575, (2006) (untimely motion for reconsideration)

Simplix, ASBCA No. 52570 (2006) (motion for reconsideration; damages issues; lost profits)

Grumman Aerospace Corp., ASBCA No. 46834 (2006) (government request for reconsideration of denial of government claims)

ADT Constr. Group, Inc., ASBCA No. 55125 (2006) (post-decision motion to supplement record) 

Environmental Safety Consultants, Inc., ASBCA No. 54995 (2006) (alleging judicial bias)

 

Equal Access to Justice Act; Prompt Payment Act

 

Gerald R. Rouillard III dba International Gear Technologies, ASBCA No. 58692 (Mar. 4, 2014) (contractor not entitled to attorney fees for time before individual was retained as attorney, but was assisting contractor only as contract specialist; use of jury verdict to determine recoverable fees on partially successful appeal; declines Government's request to reduce award for legal research mistakes made by contractor's attorney)

Environmental Safety Consultants, Inc., ASBCA No. 51722 (June 26, 2013) (denies EAJA application because Government's litigation position (no waiver of delivery prior to default termination), while it did not prevail, was substantially justified), request for reconsideration denied 

M.E.S., Inc., ASBCA Nos. 56194, 56348 (May 21, 2013) (denies most of EAJA application because Government's litigation position (length of compensable delay) was substantially justified)

J. F. Taylor, Inc., ASBCA Nos. 56105, 56322 (Apr. 22, 2013) (denies EAJA application because Government's litigation position, though it did not prevail, was substantially justified in that  (i) it was supported by legal precedent; (ii) method for which Government argued was longstanding method used in DCAA audit manual; (iii) statistical evidence presented by contractor at hearing was new approach; and (iv) Government prevailed on some individual aspects of dispute), motion for reconsideration denied.

Maggie's Landscaping, Inc., ASBCA No. 56748 (Mar. 13, 2012) (denies EAJA application because Government's litigation position, though incorrect, was substantially justified)

Lasmer Industries, Inc., ASBCA Nos. 56946, 56966 (May 2, 2011) (denies EAJA application after appeals dismissed as moot)

States Roofing Corp., ASBCA No. 55505 (Jan. 20, 2011) (reduces contractor's EAJA claim for, inter alia, "disproportionate amount" of fees incurred after rejection of Government's lump sum settlement offer)

Job Options, Inc., ASBCA No. 56698 (Jan. 12, 2011) (Government's position was substantially justified even when contractor won appeal on merits)

Lasmer Industries, Inc.., ASBCA No. 56411 (June 21, 2010) (Government's rescission of claim resulting in Board's dismissal of contractor's appeal does not make contractor a prevailing party entitled to EAJA award)

Calvary Security Group, LLC, ASBCA 56864 (June 15, 2010) (denies Government's motion for summary judgment on claim by contractor for interest penalty on late payments under Prompt Payment Act)

AST Anlagen-und Sanierungstechnik GmbH, ASBCA Nos. 41305, 55709 (Apr. 30, 2010) (finds entitlement to EAJA recovery; remands for quantum)

Kostmayer Construction, LLC, ASBCA No. 55053 (Oct. 30, 2009) (eligibility of firm for EAJA award; net worth requirements; affiliates' net worth not aggregated; expenses not incurred in adversary adjudication)

Freedom NY, Inc., ASBCA No. 43965 (Mar. 5, 2009) (EAJA award; entitlement--substantial justification; quantum; no cost of living adjustment for ASBCA cases; "nuanced" apportionment for parts of appeal that were not successful; disallows attorney expenses for business lunches unrelated to appeals)

Freedom NY, Inc., ASBCA No. 55466 (2008) (Equal Access to Justice Act; claims for CDA interest and PPA interest; substantial justification; apportionment; prevailing party only on some counts)

Freedom NY, Inc. ASBCA No. 55466 (2007) (successful Prompt Payment interest claim)

Environmental Safety Consultants, Inc., ASBCA Nos. 47498, 53485 (2007) (EAJA)

Gosselin World Wide Moving NV, ASBCA No. 55365 (2006) (PPA interest claims)


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