58324

Laguna Construction Company, Inc.

September 23, 2014Judge Delman
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverDCAA InvolvedDCMA Involved

Laguna Construction Company, Inc. appealed a decision regarding its claim for payment under a government contract, which was denied based on allegations of fraud involving kickbacks. The Board granted the government's cross-motion for summary judgment, concluding that Laguna materially breached the contract.

Material Facts

  • The Air Force Center for Environmental Excellence awarded Contract No. FA8903-04-D-8690 to Laguna Construction Company, Inc. in November 2003.
  • Laguna received 16 cost-reimbursable task orders from the government to perform work in Iraq.
  • The government rejected 14 invoices submitted by Laguna based on findings from a Defense Contract Audit Agency audit.
  • Laguna's project manager and vice president for operations pled guilty to taking kickbacks, which inflated the company's billings to the government.
  • The Board found that Laguna's breaches were material and excused the government from paying the invoices.

Parties

Appellant
Laguna Construction Company, Inc.
Contract Number
FA8903-04-D-8690
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