Environmental Safety Consultants, Inc.
Environmental Safety Consultants, Inc. appealed the denial of its application for fees under the Equal Access to Justice Act following a default termination. The Board affirmed the denial, finding the government's position was substantially justified.
Material Facts
- Environmental Safety Consultants, Inc. applied for an award of fees and expenses under the Equal Access to Justice Act.
- The appeal was from a default termination that occurred eleven months after the default without a new completion date.
- The appellant proposed a contract price increase of $205,463.60 for delays and increased costs.
- The parties settled all claims against the government on 24 June 1997 in bilateral Modification No. P00006.
- Modification No. P00006 required the contract work to be completed by a subcontractor by 30 June 1997.
- The subcontractor left the site on 16 June 1997 for lack of payment, and no work was performed thereafter.
- The government did not pay the appellant's invoice because it had been notified by the payment bond surety regarding unpaid suppliers.
Parties
- Appellant
- Environmental Safety Consultants, Inc.
- Contract Number
- N62470-95-C-2399
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