57133

David J. Needham

October 25, 2010Judge Delman
Sustained / Appellant PrevailedAccord & Satisfaction / Release / WaiverQuantum / Damages

David J. Needham appealed for compensation following the termination of his lease contract with the Aero Club. The Board awarded him a reduced settlement amount after evaluating his claims and the circumstances of the lease.

Material Facts

  • David J. Needham entered into a lease agreement with the Aero Club for his 1980 Beechcraft 76 Duchess aircraft.
  • The lease was a profit-sharing arrangement where the Club charged users a fee per flying hour, sharing $60.00 per hour with Needham.
  • The Club was responsible for fuel and insurance, while Needham was responsible for maintenance and inspections.
  • The lease included a Disputes clause and a Termination for Convenience clause.
  • The government terminated the lease for convenience on 19 November 2008.
  • Needham filed a claim for $26,131.44 and later revised it to $32,162.07 after the termination.
  • The terminating contracting officer allowed $1,697.06 as the termination settlement amount, which Needham appealed.

Parties

Appellant
David J. Needham
Respondent Agency
Department of the Air Force
Contract Number
CHARF-08-C-0028
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