57448

Red Sea Engineers & Constructors

November 9, 2011Judge Freeman
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

Red Sea Engineers & Constructors appealed the termination for default of their contract, claiming government breaches and seeking summary judgment. The Board denied the motion, finding no breach by the government.

Material Facts

  • The government awarded Red Sea the contract for design and construction of buildings at Camp Phoenix and Camp Alamo, Afghanistan.
  • The SOW required completion of the work within specified days of receipt of Notice to Proceed.
  • Red Sea submitted seven progress payment invoices, all of which were paid in full by the government.
  • The government made a duplicate payment for one of the invoices, which Red Sea retained.
  • The contracting officer issued a stop work order that was later withdrawn.
  • Red Sea's invoices Nos. 9-11 were rejected due to lack of verification by an authorized government representative.
  • The contract was terminated for default due to failure to comply with contract terms and conditions.

Parties

Appellant
Red Sea Engineers & Constructors
Respondent Agency
Department of the Army
Contract Number
W91B4M-09-C-7340
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