57750

A-1 Horton's Moving Service, Inc.

April 6, 2012Judge Grant
Sustained / Appellant PrevailedContract InterpretationAccord & Satisfaction / Release / WaiverCDA Jurisdiction

A-I Horton's Moving Service, Inc. appealed for lost profits due to the government's alleged breach of transportation services contracts. The Board denied the government's motion to dismiss for lack of jurisdiction, asserting jurisdiction under the Contract Disputes Act.

Material Facts

  • The contracts at issue were for transportation services for shipping household goods and vehicles of DoD employees from January 1, 2004, through December 31, 2008.
  • The contracts were governed by the Defense Transportation Regulation, not the FAR.
  • A-I Horton's filed an initial claim in March 2009 and a supplemental claim in February 2011, claiming lost profits of $594,890.
  • The government responded that the claim was governed by the Transportation Act, not the CDA.

Parties

Appellant
A-I Horton's Moving Service, Inc.
Respondent Agency
Department of the Army
Contracting Agency
Army's Surface Deployment and Distribution Command
Contract Number
000000-00-0-0000
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