57187

General Construction Services, Inc.

August 4, 2011Judge Tunks
Denied / Government PrevailedContract Formation / ExistenceFailure to Prosecute / Dismissal

General Construction Services, Inc. appealed a denial of payment for work performed at the Munson Army Health Center, claiming a verbal contract with a government representative. The Board granted the government's motion for summary judgment, concluding no binding contract existed.

Material Facts

  • GCS requested payment of $142,922 for work performed at the Munson Army Health Center between 15 November 2007 and 15 April 2008.
  • The government moved for summary judgment, alleging that GCS did not have a contract with the government.
  • Mr. Purkett, the Chief of the Logistics Division, was the ordering officer and contracting officer's representative for a maintenance contract.
  • Mr. Schultz, GCS's corporate secretary, claimed he entered into a verbal contract with Mr. Purkett.
  • Mr. Purkett issued a government check for $2,492.79 to GCS for work performed.
  • Mr. Schultz admitted to COL Hutson that he did not have a contract or service order with the government.
  • The contracting officer denied GCS's claim, stating there was no contract in place with the government.

Parties

Appellant
General Construction Services, Inc.
Respondent Agency
U.S. Army Engineer District, Huntsville
Contract Number
000000-00-0-0000
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