53914

Clark Construction Company

January 5, 2010Judge Tunks
Denied / Government PrevailedContract Interpretation

Clark Construction Company appealed a pass-through claim on behalf of a subcontractor and supplier regarding the rejection of submittals related to truss design and fabrication. The Board denied the appeal, finding that the government properly rejected the submittals.

Material Facts

  • The U.S. Army Corps of Engineers awarded Contract No. DACA03-97-C-0006 to Clark Construction Company on 2 January 1997.
  • The contract included construction of several buildings and specified light gauge steel roof trusses.
  • Clark subcontracted the structural steel to Steel Services Corporation, which in turn relied on TCI for truss fabrication.
  • The COE rejected multiple submittals from TCI due to deficiencies and lack of required certifications.
  • The appeal claimed $481,954 based on the costs associated with the rejected submittals.

Parties

Appellant
Clark Construction Company
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
Contract No. DACA03-97-C-0006
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