New Iraq Ahd Company

Material Facts

• The government awarded a contract to NIAC for the design and construction of a concrete slab for a total price of $553,700.
• The contracting officer issued a Notice of Termination for Default effective 7 August 2010 due to NIAC's failure to progress on the contract.
• NIAC submitted Invoice No. 01603 for $45,667.50, which did not reserve the right to seek additional amounts.
• On 13 April 2011, NIAC executed a 'Release of Claims' acknowledging payment in full for all work under the contract.
• NIAC later submitted a claim for materials totaling $166,014.00, which the contracting officer denied.
• NIAC's appeal was docketed as ASBCA No. 59304 after the contracting officer denied its certified claim of $231,621.00.

Parties

Appellant

New Iraq Ahd Company

Respondent Agency

U.S. Army

Contract Number

W91GFB-10-C-5005