5779657888

Garco Construction, Inc.

October 16, 2013Judge Clarke
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

Garco Construction, Inc. appealed for spoliation sanctions against the U.S. Army Corps of Engineers for document destruction, which the Board denied.

Material Facts

  • On 3 August 2006, the COE awarded Contract No. W912DW-06-C-0019 to Garco.
  • The contract included FAR 52.243-4, CHANGES (AUG 1987) clause and FAR 52.222-3, CONVICT LABOR (JUN 2003) clause.
  • On 13 November 2007, Garco forwarded a Request for Equitable Adjustment (REA) from JTC requesting an adjustment of $454,266.44.
  • The CO denied the REA on 18 December 2007.
  • Garco submitted a certified pass-through claim on 24 May 2011, which was denied by the CO on 23 November 2011.
  • The government acknowledged the destruction of documents in response to Garco's requests.

Parties

Appellant
Garco Construction, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912DW-06-C-0019
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