Cardinal Maintenance Service, Inc.

November 24, 2010Judge Delman

Partially SustainedAccord & Satisfaction / Release / WaiverCDA JurisdictionStatute of Limitations / Timeliness

Cardinal Maintenance Service, Inc. appealed a decision regarding deductions taken by the government for unsatisfactory work under a contract. The Board dismissed part of the appeal for lack of jurisdiction due to the claim being time-barred.

Material Facts

The contract was awarded to Cardinal Maintenance Service, Inc. for grounds maintenance at the Lemoore Naval Air Station.
The contract included a base year and four one-year option periods.
The government took deductions from the appellant's invoices for unsatisfactory work during various periods.
The appellant expressed concerns over the deductions and alleged wrongful inspection methods in a letter dated 6 August 2002.
The appellant submitted a request for equitable adjustment in January 2007, which was denied by the contracting officer.
The appellant converted its request for equitable adjustment into a claim under the Contract Disputes Act in September 2008.
The contracting officer granted part of the claim in May 2009 but denied the balance.

Parties

Appellant: Cardinal Maintenance Service, Inc.
Respondent Agency: Department of the Navy
Contract Number: N62474-97-D-2478

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