U.S. Coating Specialties & Supplies, LLC

Material Facts

• The U.S. Army Corps of Engineers awarded Contract No. W912EE-10-C-0019 to U.S. Coating in the amount of $11,383,000.
• U.S. Coating filed a Chapter 11 voluntary petition in the Bankruptcy Court on 13 January 2012.
• The Bankruptcy Court issued an order on 25 April 2012, rejecting the contract and terminating the automatic stay.
• The contracting officer terminated the contract for default on the same date, asserting that U.S. Coating's consent to rejection constituted anticipatory repudiation.
• U.S. Coating appealed the contracting officer's decision on 20 July 2012.

Parties

Appellant

U.S. Coating Specialties & Supplies, LLC

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W912EE-10-C-0019