57404

Cooley Constructors, Inc.

October 12, 2011Judge James
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

Cooley Constructors, Inc. appealed a denial of its request for an equitable adjustment related to additional work on communications cabling under a contract with the Florida Air National Guard. The Board denied the government's motion for summary judgment, allowing the appeal to proceed.

Material Facts

  • The contract was awarded to Cooley Constructors, Inc. on 26 September 2008 for Project No. LSGA029009.
  • The contract incorporated various standard clauses, including FAR 52.243-4 and DFARS 252.236-7001.
  • Cooley claimed additional costs for relocating existing copper cables as part of the telecommunications work.
  • The government denied Cooley's request for an equitable adjustment, asserting that the contract specifications were clear.
  • Cooley's subcontractor requested additional costs for the work, citing a lack of detail in the contract drawings.

Parties

Appellant
Cooley Constructors, Inc.
Respondent Agency
Department of the Army
Contracting Agency
United States Property and Fiscal Office for Florida
Contract Number
W911 YN-08-C-0004
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