59445

Soap Creek Marina, LLC

August 18, 2015Judge Delman
Partially SustainedContract InterpretationAccord & Satisfaction / Release / WaiverCDA Jurisdiction

Soap Creek Marina, LLC appealed a decision regarding jurisdiction over claims related to a lease with the U.S. Army Corps of Engineers. The Board determined it lacked jurisdiction over future damages but retained jurisdiction over a claim for lost income.

Material Facts

  • The U.S. Army Corps of Engineers entered into Lease No. DACW21-1-07-5252 with Soap Creek Marina, LLC for commercial concession purposes.
  • The lease contained a Disputes clause that required claims over $100,000 to be certified.
  • Appellant's initial claim of $95,000 was not required to be certified as it did not exceed $100,000.
  • Appellant later sought future damages of $985,462, which required certification.
  • The contracting officer denied the claim for $95,000 due to failure to state a sum certain.

Parties

Appellant
Soap Creek Marina, LLC
Respondent Agency
U.S. Army Corps of Engineers
Contracting Agency
U.S. Army Engineer District, Savannah
Contract Number
DACW21-1-07-5252
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