57718

Martin Edwards & Associates, Inc.

March 10, 2015Judge McIlmail
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverContract Interpretation

Martin Edwards & Associates, Inc. appealed the Army's termination of their contract for the installation of washers and dryers, claiming the termination was improper and induced by misrepresentation. The Board denied the appeal based on the release language in a subsequent modification.

Material Facts

  • The Army awarded Contract No. W91247-11-D-0004 to MEA for the installation and service of clothes washers and dryers.
  • The contract was terminated for cause due to MEA's failure to provide adequate assurance of performance.
  • MEA requested to convert the termination for cause into a no-cost termination for convenience.
  • Modification No. 2 included a release of all claims against the Army.
  • MEA claimed that the modification was induced by misrepresentation regarding weekend and after-hours work.

Parties

Appellant
Martin Edwards & Associates, Inc.
Respondent Agency
Department of the Army
Contract Number
W91247-11-D-0004
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