56895

Thorington Electrical and Construction Company

September 22, 2010Judge Stempler
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

Thorington Electrical and Construction Company appealed a final decision denying its claim under Contract No. FA3300-06-C-0015, which the government moved to dismiss or for summary judgment. The Board granted the government's motion, resulting in a denial of the appeal.

Material Facts

  • The Air Force awarded Contract No. FA3300-06-C-0015 to Thorington Electrical and Construction Company for a firm, fixed price of $3,433,290.
  • The contract was for a 10-lane bowling center at Maxwell, AFB.
  • On 14 February 2008, TECC submitted an invoice for $96,320.15, which was paid in full and included a release of claims.
  • On 5 February 2009, TECC submitted a certified claim for $114,112.66 citing increased material costs.
  • The contracting officer issued a final decision on 25 March 2009 denying the claim based on the release and the absence of an Economic Price Adjustment clause.
  • TECC filed an appeal with the Board on 31 July 2009.

Parties

Appellant
Thorington Electrical and Construction Company
Respondent Agency
Air Force
Contract Number
FA3300-06-C-0015
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