51722

Environmental Safety Consultants, Inc.

June 26, 2013Judge Freeman
Denied / Government PrevailedEAJA / Attorney FeesAccord & Satisfaction / Release / Waiver

Environmental Safety Consultants, Inc. applied for an award of fees under the Equal Access to Justice Act following a termination for default. The Board denied the application, finding the government's position was substantially justified.

Material Facts

  • Environmental Safety Consultants, Inc. did not complete the work by the specified date of 30 June 1997.
  • The parties negotiated for a year without success to resume and complete the work.
  • The contracting officer terminated the contract on 12 June 1998 without setting a new completion date.

Parties

Appellant
Environmental Safety Consultants, Inc.
Respondent Agency
Navy
Contract Number
N62470-95-C-2399
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