57770

Cubic Transporation Systems, Inc.

June 1, 2012Judge Clarke
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

Cubic Transportation Systems, Inc. appealed a decision regarding a $27,595.96 offset from a milestone payment by the Washington Metropolitan Area Transit Authority (WMATA). The Board ruled in favor of WMATA, concluding it was protected from liability for the claimed interest.

Material Facts

  • WMATA awarded Contract No. C44444 to Cubic on 31 July 2003 for $11,952,429.
  • The contract included provisions for changes and payments.
  • Cubic claimed $27,595.96 in interest due to late milestone payments.
  • WMATA initially transferred the claimed interest into the escrow account but later offset it from another payment.
  • Cubic's complaint included two causes of action: breach of contract and failure to pay interest under the D.C. Code.

Parties

Appellant
Cubic Transportation Systems, Inc.
Respondent Agency
Washington Metropolitan Area Transit Authority
Contract Number
Contract No. C44444
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