58245

U.S. Coating Specialties & Supplies, LLC

April 9, 2015Judge Dickinson
Partially SustainedAccord & Satisfaction / Release / WaiverCDA JurisdictionFailure to Prosecute / Dismissal

U.S. Coating Specialties & Supplies, LLC appealed the government's termination of its contract for default. The Board denied the government's motion to dismiss and for summary judgment, allowing the appeal to proceed.

Material Facts

  • The contract was awarded to U.S. Coating in the amount of $11,383,000 for construction of a facility.
  • U.S. Coating filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code.
  • The Bankruptcy Court ordered the contract to be rejected as a matter of law.
  • The Corps' contracting officer terminated the contract for default based on U.S. Coating's consent to the rejection.

Parties

Appellant
U.S. Coating Specialties & Supplies, LLC
Respondent Agency
U.S. Army Engineer District, Vicksburg
Contracting Agency
U.S. Army Corps of Engineers
Contract Number
W912EE-10-C-0019
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