57237

Shaw Environmental, Inc.

December 16, 2010Judge Scott
DismissedAccord & Satisfaction / Release / WaiverCDA Jurisdiction

Shaw Environmental, Inc. appealed a contracting officer's decision denying claims for extra costs and time related to a contract for emergency levee repairs. The Board granted the government's motion to dismiss part of the appeal for lack of jurisdiction.

Material Facts

  • Shaw Environmental, Inc. was awarded a contract for emergency repairs to Mississippi River levees.
  • The contract included a clause requiring the contractor to comply with applicable laws and regulations.
  • Louisiana's state hauling permit requirements were waived after Hurricane Katrina but were reinstated during contract performance.
  • Shaw incurred increased hauling costs due to the reinstatement of these permit requirements.
  • The contracting officer denied Shaw's claim for these increased costs, leading to the appeal.

Parties

Appellant
Shaw Environmental, Inc.
Respondent Agency
U.S. Army Engineer District, New Orleans
Contract Number
W912P8-06-C-0086
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