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Red Sea Engineers & Constructors, Inc

February 21, 2013Judge Freeman
Denied / Government PrevailedTermination for DefaultAccord & Satisfaction / Release / WaiverFailure to Prosecute / Dismissal

Red Sea Engineers & Constructors, Inc. appealed the termination for default of Contract No. W91B4M-09-C-7340 and the deemed denials of its claims for breach damages and compensable extensions of time. The Board denied the appeals regarding the default termination and the claims for delay.

Material Facts

  • The government awarded Contract 7340 to Red Sea on 28 September 2009.
  • The contract required Red Sea to demolish existing structures and construct 65 pre-engineered buildings.
  • Red Sea received notice to proceed for the building construction in phases starting on 10 October 2009 and 8 November 2009.
  • The government issued a stop work order on 30 March 2010, which Red Sea claimed caused delays.
  • Red Sea submitted multiple invoices for progress payments, but the government withheld payments due to concerns about overpayment.
  • The contract was terminated for default on 22 September 2010 due to failure to comply with contract terms.

Parties

Appellant
Red Sea Engineers & Constructors, Inc
Respondent Agency
Department of the Army
Contract Number
W91B4M-09-C-7340
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