60410

Coastal Environmental Group, Inc.

July 17, 2018Judge McIlmail
Denied / Government PrevailedContract InterpretationTermination for DefaultAccord & Satisfaction / Release / Waiver

Coastal Environmental Group, Inc. appealed the termination of its contract for default by the government, arguing that the termination was unjustified. The Board upheld the government's decision to terminate the contract.

Material Facts

  • The parties contracted for appellant to make repairs to the Security Boat Marina at Naval Weapons Station Earle.
  • The contract incorporated FAR 52.249-10, which allows for termination for default if the contractor fails to prosecute the work diligently.
  • The contract provided 135 days from the date of award to complete the work, through February 5, 2014.
  • The government ordered appellant to stop work on January 8, 2015, and the contract completion date was extended to November 26, 2015, in Modification No. 5.
  • On October 8, 2015, the contracting officer terminated the contract for default due to a continued lack of progress.
  • Appellant had not mobilized its equipment and materials to the site by the termination date.

Parties

Appellant
Coastal Environmental Group, Inc.
Contract Number
N40085-I3-C-6541
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