55335

J. P. Donovan Construction, Inc.

July 16, 2010Judge James
DismissedAccord & Satisfaction / Release / WaiverCDA Jurisdiction

J. P. Donovan Construction, Inc. appealed a decision regarding a claim for equitable adjustment under Contract No. N62467-02-C-2747, which was dismissed for lack of jurisdiction due to failure to state a sum certain.

Material Facts

  • The U.S. Navy awarded Contract No. N62467-02-C-2747 to Donovan on 18 September 2002.
  • Donovan subcontracted with Costello for various repair works on 15 October 2002.
  • Costello submitted a request for equitable adjustment for $559,764.00 on 14 January 2005.
  • Donovan submitted Costello’s REA to the contracting officer on 7 March 2005, stating additional costs of approximately $65,000.
  • The contracting officer issued a final decision denying the claim on 1 November 2005.
  • Donovan appealed to the ASBCA on 27 January 2006, stating the claim amount was $624,764.00.

Parties

Appellant
J. P. Donovan Construction, Inc.
Respondent Agency
Naval Facilities Engineering Command
Contract Number
N62467-02-C-2747
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