Tri-County Contractors, Inc.

Material Facts

• Tri-County entered into Contract No. N69450-10-C-3597 to replace NCBC Building 400's oil and lubricating system for a firm fixed-price of $618,304.00.
• The contract incorporated the FAR 52.232-5 clause regarding payments under fixed-price construction contracts.
• Tri-County submitted a request for equitable adjustment seeking $156,150.80 and 49 days delay regarding underground double wall piping.
• Tri-County later submitted a revised claim for $242,830.00 for its underground piping claim, which included direct material costs, labor, equipment, and overhead costs.
• Tri-County executed a final release to obtain the final payment of $9,676.85 on the contract.
• The government paid the final balance of $9,676.85 to Tri-County on 17 January 2012.
• The contracting officer stated that the FAR 52.232-5(h)(3) clause does not allow payment of claims not specifically exempted from the operation of the contractor's final release.

Parties

Appellant

Tri-County Contractors, Inc.

Respondent Agency

Navy

Contracting Agency

NAVFAC

Contract Number

N69450-10-C-3597