Environmental Safety Consultants, Inc.

July 25, 2014Judge Freeman

Partially SustainedAccord & Satisfaction / Release / WaiverCDA JurisdictionStatute of Limitations / Timeliness

Environmental Safety Consultants, Inc. appealed the deemed denial of its termination settlement claim under Contract No. N62470-95-B-2399, which the Board dismissed for lack of jurisdiction over a substantial portion of the claim.

Material Facts

The appeal arises from the Board's decision of 28 September 2011 converting the government's termination for default of Contract 2399 to a termination for convenience.
Contract 2399 was a firm-fixed-price construction contract awarded on 13 November 1995 with a price of $561,764.25.
ESCI submitted a proposal for an increase of $205,463.60 on 7 April 1997 due to additional work and delays allegedly caused by the government.
Modification No. P00006 was signed on 23 June 1997, which included a general release and an agreed price adjustment increasing the contract price to $561,873.25.
The contract was terminated for default on 12 June 1998 due to failure to make progress.
ESCI submitted a termination settlement proposal on 5 July 2012 for $1,183,366.59, which was deemed denied when the contracting officer did not respond.
ESCI appealed the deemed denial on 29 September 2012, leading to ASBCA No. 58343.

Parties

Appellant: Environmental Safety Consultants, Inc.
Contract Number: N62470-95-B-2399

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