58343

Environmental Safety Consultants, Inc.

November 7, 2014Judge Freeman
Denied / Government PrevailedStatute of Limitations / TimelinessAccord & Satisfaction / Release / WaiverSmall Business

Environmental Safety Consultants, Inc. appealed a decision regarding the dismissal of its claims for costs incurred exceeding the contract price at termination. The Board affirmed its prior decision, denying the motion for reconsideration.

Material Facts

  • The contract was terminated by the Navy on June 12, 1998.
  • ESCI submitted claims on October 22, 2003, for additional work and breach damages.
  • The Board found that these claims accrued prior to October 22, 1997, making them outside the six-year CDA statute of limitations.
  • The final contract price at termination was set in bilateral Modification No. P00006 at $561,873.25.

Parties

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