57333

Top Painting Co., Inc.

April 18, 2012Judge James
Denied / Government PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

Top Painting Co., Inc. appealed the denial of its claim for added costs related to surface preparation under a contract with the Navy. The Board granted the government's motion for summary judgment, denying the appeal.

Material Facts

  • Top Painting Co., Inc. was awarded an indefinite delivery, indefinite quantity Multiple Award Construction Contract No. N62470-04-D-2410.
  • The contract provided for competitive solicitation and issuance of task orders for general painting and repair work at U.S. Marine Corps installations.
  • Top submitted a proposal for a task order in the amount of $113,000.00 without visiting the site beforehand.
  • Top began work on the task order on December 1, 2008, and later claimed additional costs for cleaning mold and mildew.
  • The contracting officer denied Top's request for additional compensation, stating the work was part of the contract.

Parties

Appellant
Top Painting Co., Inc.
Respondent Agency
Naval Facilities Engineering Command
Contract Number
N62470-04-D-2410
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