57269

ASFA Construction Industry and Trade, Inc.

June 23, 2011Judge Page
Denied / Government PrevailedContract InterpretationFailure to Prosecute / Dismissal

ASFA Construction Industry and Trade, Inc. appealed a deemed denial of its claim for $478,476.02 related to an alleged implied-in-fact contract with the government for repairs at LSA Anaconda. The Board denied the government's motion to dismiss for lack of subject matter jurisdiction.

Material Facts

  • ASFA appealed from a deemed denial of its claim for $478,476.02.
  • The claim was based on an alleged implied-in-fact contract with the government for repairs to an asphalt plant and rock crusher.
  • The government contended that there was no express or implied contract and that the matter sounded in tort.
  • The Board found that there were genuine disputes regarding material facts precluding summary judgment.

Parties

Appellant
ASFA Construction Industry and Trade, Inc.
Respondent Agency
Joint Contracting Command-Iraq/Afghanistan
Contract Number
000000-00-0-0000
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