59743

Equine Architectural Products, Inc.

June 4, 2015Judge Delman
DismissedCDA JurisdictionAccord & Satisfaction / Release / Waiver

Equine Architectural Products, Inc. appealed a dismissal for lack of jurisdiction regarding a claim under Contract No. W91ZLK-12-P-0037. The Board dismissed the appeal due to the absence of a claim submitted in a sum certain.

Material Facts

  • The government awarded Contract No. W91ZLK-12-P-0037 to Equine Architectural Products, Inc. for demolition and removal of railroad facilities.
  • The government issued a Stop-Work Order to the appellant by Modification No. P00002 dated 25 July 2012.
  • The contract was terminated for convenience approximately 51 days after the Stop-Work Order.
  • Appellant submitted a termination proposal to the government by cover letter dated 21 December 2012.
  • On 7 January 2014, appellant submitted a claim letter to the government but did not provide a sum certain.
  • Subsequent communications included an email on 28 January 2014 estimating the value of scrap at approximately $6,986,832.00.
  • On 7 May 2014, appellant's counsel stated total claims of $9,250,000.00 but did not certify this amount.
  • Appellant filed a notice of appeal on a 'deemed denial' basis on 12 December 2014, stating total losses exceeded $10,000,000.00.
  • The contracting officer denied appellant's claim on 15 December 2014.

Parties

Appellant
Equine Architectural Products, Inc.
Respondent Agency
Department of the Army
Contract Number
W91ZLK-12-P-0037
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