A. Montano Electrical Contractor

Material Facts

• The United States Army Corps of Engineers awarded Contract No. DACA01-99-C-0033 for design and construction of replacement family housing at Redstone Arsenal, Alabama.
• A. Montano Electrical Contractor entered into a subcontract with American Renovation & Construction Company to do electrical work on the project.
• Montano's subcontract price was modified to $1,580,678.11.
• American Renovation defaulted on its contract with the government, and its surety took over and completed the contract.
• Montano continued to perform subcontracting work on the project.
• Montano submitted a claim to its surety for $520,303.43, but the claim was not made against the government and was not certified as required by the CDA.
• Montano sought the government's assistance in obtaining relief from the surety for losses allegedly suffered on the project.
• Montano submitted a certified claim to the surety in the amount of $511,040.79 for alleged contract changes.
• The contracting officer informed Montano that the Miller Act governed its remedies and that the government was not a party to the dispute.
• Montano filed a request for help with the Board, which was treated as a notice of appeal.

Parties

Appellant

A. Montano Electrical Contractor

Respondent Agency

U.S. Army Engineer District, Mobile

Contract Number

Contract No. DACA01-99-C-0033