Whiting-Turner Contracting Company

May 6, 2010Judge Younger

Partially SustainedAccord & Satisfaction / Release / Waiver

Whiting-Turner Contracting Company appealed a decision regarding the interpretation of 21 bilateral modifications under a contract with a nonappropriated fund instrumentality, focusing on whether these modifications constituted accords and satisfactions for all claims. The Board granted the government's motion for partial summary judgment in part and denied it in part.

Material Facts

The Army Morale, Welfare and Recreation Fund awarded Whiting-Turner Contracting Company Contract No. NAFBA1-02-C-0041 to construct an expansion of the Shades of Green Hotel.
The contract included various standard clauses, including a Disputes clause stating that the contract is not subject to the Contract Disputes Act.
The parties executed 21 bilateral modifications during the contract performance, many of which included accord and satisfaction language.
Whiting-Turner submitted a claim for $2,725,415, which was denied by the contracting officer.
The Board docketed Whiting-Turner's timely appeal as ASBCA No. 56319.

Parties

Appellant: Whiting-Turner Contracting Company
Respondent Agency: Army
Contracting Agency: Army Morale, Welfare and Recreation Fund
Contract Number: NAFBA1-02-C-0041

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