Hartman Walsh Painting Company

February 17, 2012Judge James

Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

Hartman Walsh Painting Company appealed the denial of a claim for extra work related to abrasive blast containment under Contract No. W912BV-09-D-I010. The Board denied the appeal, finding that the contract required more stringent containment and ventilation than the appellant had provided.

Material Facts

The Army Corps of Engineers issued Request for Proposals No. W912BV-09-R-I010 for a Multiple Award Task Order Contract for preparation and painting of large hydraulic structures.
Hartman Walsh Painting Company was awarded Contract No. W912BV-09-D-I010 and Task Order No. 0001 for sandblasting and painting eight tainter gates for a fixed price of $2,782,747.00.
The contract required compliance with SSPC Guide 6 for containment and ventilation during abrasive blasting operations.
Hartman submitted a request for equitable adjustment for $89,908.15, claiming that the actual requirements exceeded those anticipated under the contract specifications.
The contracting officer denied Hartman's request for equitable adjustment and subsequent claim.

Parties

Appellant: Hartman Walsh Painting Company
Respondent Agency: U.S. Army Engineer District, Tulsa
Contract Number: W912BV-09-D-I010

Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.