60025

Shavers-Whittle Construction, LLC

February 9, 2016Judge McIlmail
DismissedCDA JurisdictionAccord & Satisfaction / Release / Waiver

Shavers-Whittle Construction, LLC appealed for payment related to subcontract work, but the Board dismissed the appeal for lack of jurisdiction.

Material Facts

  • The U.S. Army Corps of Engineers awarded Contract No. W912P8-08-D-0047 to DQSI Corporation on 29 July 2008.
  • Task Orders 9 and 10 were awarded under the contract on 30 September 2010.
  • DQSI, LLC subcontracted with appellant in October 2010 for work on Task Orders 9 and 10.
  • Appellant claimed $499,753.60 was owed to it by DQSI, LLC in a letter dated 24 October 2013.
  • The 24 October 2013 letter did not demand payment from the government or include the required CDA certification.
  • Appellant's counsel wrote to the contracting officer on 26 March 2015, asserting that DQSI, LLC had obtained its prime contract by fraud.
  • The contracting officer stated on 20 April 2015 that the contract project was completed and encouraged appellant to pursue remedies through the courts.
  • Appellant's appeal requested the voiding of the contract and payment of all monies due.

Parties

Appellant
Shavers-Whittle Construction, LLC
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
Contract No. W912P8-08-D-0047
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