58346

Lael Al Sahab & Co.

February 17, 2016Judge Melnick
Partially SustainedContract InterpretationQuantum / DamagesCommercial Item

Lael Al Sahab & Co. appealed a decision regarding withheld payments for street cleaning and grounds maintenance services in Iraq. The Board awarded $3,750 but denied the claim for an additional $4,500.

Material Facts

  • Appellant entered into a commercial items contract with the Joint Contracting Command-Iraq for street cleaning and grounds maintenance services.
  • The contract specified that the government would not make full payment if the contractor did not perform to the specification of the contract.
  • The government withheld $3,750 from the first invoice of $15,000 due to inadequate performance.
  • Appellant failed to provide complete services during May 2007, leading to a 30 percent reduction in payment for the second invoice.
  • The government terminated the contract for cause on 5 June 2007.

Parties

Appellant
Lael Al Sahab & Co.
Respondent Agency
Joint Contracting Command-Iraq
Contract Number
W91GET-06-M-0063
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