58245

U.S. Coating Specialties & Supplies, LLC

September 13, 2021Judge Woodrow
Denied / Government PrevailedOther

U.S. Coating Specialties & Supplies, LLC appealed the termination for default of its contract to construct a building for the Army. The Board denied the appellant's motion for reconsideration.

Material Facts

  • The contract was to construct a building to house a large unclassified supercomputer at the Army’s Engineering Research and Design Center.
  • The Board issued a decision denying the government’s amended motion to dismiss or for summary judgment on April 9, 2015.
  • The government filed a renewed motion for summary judgment on January 21, 2016.
  • The Board denied the government's motion on April 6, 2017, holding that genuine issues of material fact existed.
  • The parties agreed to submit the appeal on the record without a hearing.
  • The Board concluded that U.S. Coating had not met its burden of demonstrating a separate oral agreement to terminate the contract for convenience.

Parties

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