58872

Latifi Shagiwall Construction Company

March 24, 2015Judge Dickinson
DismissedCDA JurisdictionAccord & Satisfaction / Release / Waiver

Latifi Shagiwall Construction Company appealed for payment under a CERP contract, but the government moved to dismiss for lack of jurisdiction. The Board granted the motion and dismissed the appeal.

Material Facts

  • Contract No. W91B4K-09-C-RP19 was awarded to LSCC on 7 April 2009 for $1,135,457.15 to design and build a gravel road in Afghanistan.
  • The CERP program was established to enable U.S. military commanders to respond to urgent humanitarian needs.
  • The contract contained no Disputes clause nor any other terms specifying a disputes process.
  • The government terminated the contract for convenience on 29 March 2011, stating that the work completed was accepted 'as is'.
  • LSCC continued to seek payment for additional work after the termination, leading to a final decision denying further payment.
  • LSCC's appeal was received by the Board on 11 September 2013, claiming three items totaling $887,496.

Parties

Appellant
Latifi Shagiwall Construction Company
Respondent Agency
Department of the Army
Contract Number
W91B4K-09-C-RP19
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