Lee's Ford Dock, Inc.

Material Facts

• The COE and Lee's Ford entered into Lease No. DACW62-1-00-0105 on 29 August 2000 for a commercial concession at Wolf Creek Dam-Lake Cumberland project.
• The lease included a Disputes clause that required claims to be submitted to the district engineer.
• On 19 January 2007, the COE decided to lower the water level in the lake due to the dam being at high risk of failure.
• Lee's Ford's attorney emailed a claim to the COE on 18 January 2013, asserting that the lease contract had been frustrated by the drawdown of Lake Cumberland.
• The COE denied the claim by a final decision on 26 August 2013, which Lee's Ford received on 29 August 2013.

Parties

Appellant

Lee's Ford Dock, Inc.

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

DACW62-1-00-0105