DTC Engineers & Constructors, LLC

Material Facts

• The contract was a fixed-price construction contract for the design and construction of an Armed Forces Reserve Center.
• The government moved for partial summary judgment on claims for severe weather delays, asserting that the claims were barred by accord and satisfaction.
• DTC contended that there was no accord and satisfaction and that its claims were actionable under the Suspension of Work and Differing Site Conditions clauses.
• The CO denied DTC's claim in its entirety, stating that the remedy for severe weather delays was time, not compensation.
• DTC appealed the CO's final decision to the Board.

Parties

Appellant

DTC Engineers & Constructors, LLC

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W912QR-09-C-0011