57269

ASFA Construction Industry and Trade, Inc.

July 8, 2015Judge Page
Sustained / Appellant PrevailedContract InterpretationAccord & Satisfaction / Release / Waiver

ASFA Construction Industry and Trade, Inc. appealed a deemed denial of its claim for an equitable adjustment or a termination for convenience settlement related to repairs of government-owned equipment in Iraq. The Board sustained the appeal, finding an implied-in-fact contract existed.

Material Facts

  • ASFA responded to a request for information regarding the construction of a concrete batch plant.
  • The government selected ASFA to build a concrete batch plant and later authorized it to establish an asphalt plant.
  • ASFA was instructed to repair government-owned equipment that was non-operational.
  • The government provided technical expertise to assist ASFA in identifying necessary repairs.
  • ASFA incurred costs for parts and repairs, believing it would be compensated through future contracts.

Parties

Appellant
ASFA Construction Industry and Trade, Inc.
Respondent Agency
Joint Contracting Command-Iraq/Afghanistan
Contract Number
000000-00-0-0000
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