58314

EJB Facilities Services

September 26, 2013Judge Younger
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverContract Interpretation

EJB Facilities Services appealed a government claim for fire damage allegedly caused by its negligence under Contract No. N44255-05-D-5103. The Board denied both the appellant's motion to dismiss the government's counterclaim and the government's motion to strike Count I of the complaint.

Material Facts

  • The Navy awarded EJB Contract No. N44255-05-D-5103 on 1 August 2005 for base operating support services.
  • The contract included clauses such as FAR 52.233-1, FAR 52.245-2, and FAR 52.237-2.
  • On 8 July 2010, a fire broke out at Substation 2 due to a failure in insulated cables, causing damage.
  • The contracting officer issued a final decision on 18 June 2012, asserting a government claim of $3,109,861.57 against EJB for the fire damage.
  • The contracting officer concluded that EJB's liability was limited to $500,000 based on the insurance clause in the contract.
  • EJB filed its notice of appeal on 14 September 2012.

Parties

Appellant
EJB Facilities Services
Respondent Agency
Navy
Contract Number
Contract No. N44255-05-D-5103
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