56770

Zafer Taahhut Insaat ve Ticaret A.S.

September 14, 2011Judge Page
Sustained / Appellant PrevailedContract InterpretationCDA Jurisdiction

Zafer Taahhut Insaat ve Ticaret A.S. appealed a deemed denial of its claim under Contract No. W912GB-04-C-0029, which the government sought to dismiss for lack of jurisdiction. The Board denied the government's motion, finding the contractor's request for equitable adjustment constituted a cognizable claim.

Material Facts

  • The United States Army Corps of Engineers awarded firm fixed-price Contract No. W912GB-04-C-0029 to Zafer for $5,207,000.
  • The project involved the construction of a wastewater treatment plant at LSA Anaconda, Iraq, with a performance period of 180 days.
  • The project was completed 266 days after the scheduled date.
  • Zafer submitted a request for equitable adjustment on 1 August 2007 for $4,909,396.28.
  • The government issued a unilateral decision on 7 April 2008, offering a settlement amount of $2,351,634.86.
  • Zafer's 12 April 2008 letter requested a final contracting officer's decision on remaining disputed items.

Parties

Appellant
Zafer Taahhut Insaat ve Ticaret A.S.
Respondent Agency
U.S. Army Engineer District, Middle East
Contract Number
W912GB-04-C-0029
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