57831

Caddell Construction Co., Inc.

May 21, 2012Judge Freeman
Sustained / Appellant PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

Caddell Construction Co., Inc. appealed the denial of its claim for a mistake in bid due to the government's failure to clearly designate the applicable Davis-Bacon Act wage determination rate. The Board found jurisdiction and denied the government's motion to dismiss.

Material Facts

  • The government issued a request for proposals for construction of a new commissary building at Ft. Campbell, Kentucky on 14 July 2009.
  • Caddell was awarded the task order under Contract No. FA3002-07-D-0006 on 3 September 2009.
  • The contract included the FAR 52.222-6, DAVIS-BACON ACT clause.
  • Caddell became aware that a subcontractor was paying its structural ironworkers less than the applicable wage determination rate on 30 September 2010.
  • Caddell submitted a certified claim to the government on 22 July 2011 for a total claim of $201,611.40.
  • The contracting officer denied Caddell's claim entirely on 10 August 2011.

Parties

Appellant
Caddell Construction Co., Inc.
Respondent Agency
Defense Commissary Agency
Contract Number
FA3002-07-D-0006
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