57483

BECO Construction Co., Inc.

August 4, 2011Judge James
Sustained / Appellant PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

BECO Construction Co., Inc. appealed the contracting officer's denial of its claim for additional compensation due to a misrepresentation of the work site size in the contract. The Board found in favor of BECO, granting entitlement for the increased acreage reclaimed.

Material Facts

  • BECO submitted a claim for $20,808.58 based on the misrepresentation of the work site size.
  • The contracting officer denied BECO's claim on 14 October 2010.
  • BECO measured the work site at 4.3186 acres after receiving notice to proceed.
  • The contract specified a work site of approximately 2.7 acres, which BECO relied upon.
  • The government did not disclose its estimate that the site exceeded 5 acres.

Parties

Appellant
BECO Construction Co., Inc.
Respondent Agency
U.S. Army Engineer District, Omaha
Contract Number
W9128F-IO-P-0074
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