GSC Construction, Inc.

February 4, 2015Judge McIlmail

Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

GSC Construction, Inc. appealed the denial of its claims related to utility work and differing site conditions under Contract No. W9126G-11-D-0061. The Board denied GSC's motion to amend its complaint to include new claims.

Material Facts

The government awarded GSC Construction, Inc. Task Order 0001 under Contract No. W9126G-11-D-0061 on 15 September 2011.
GSC presented a certified claim for $826,355 for utility work on 14 March 2013.
GSC requested a 45-day extension of time for a differing site condition claim on 11 June 2013.
GSC revised its utility work claim on 18 June 2013 to include a request for a contract modification for a time extension and extended overhead.
The contracting officer granted GSC's utility work claim in part and denied it in part on 22 August 2013.
GSC filed an appeal on 26 November 2013 after receiving the contracting officer's final decision on its utility work claim.
GSC's claims regarding the turnaround area and withheld payments were not presented to the contracting officer as proper CDA claims.

Parties

Appellant: GSC Construction, Inc.
Respondent Agency: Department of the Army
Contract Number: W9126G-11-D-0061

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