60476

Thorington Electrical and Construction Company

February 16, 2017Judge Prouty
Denied / Government PrevailedCDA JurisdictionStatute of Limitations / Timeliness

Thorington Electrical and Construction Company appealed a claim denial under Contract No. FA3300-05-C-0015, which the government argued was time-barred under the Contract Disputes Act. The Board ruled in favor of the government, finding the claim untimely.

Material Facts

  • The United States Air Force awarded Contract No. FA3300-05-C-0015 to Thorington for construction work on September 30, 2005.
  • The construction was substantially completed by August 11, 2008.
  • Thorington submitted a claim for $764,813 on April 28, 2009, which was certified by its general manager.
  • The contracting officer issued a final decision on August 14, 2009, partially granting and partially denying Thorington's claim.
  • Thorington appealed the CO's decision, which was resolved by an agreement on August 18, 2015, except for a claim dated July 17, 2015, for $20 million.
  • The July 2015 claim was submitted more than six years after the claim accrued on April 28, 2009.

Parties

Appellant
Thorington Electrical and Construction Company
Respondent Agency
United States Air Force
Contract Number
FA3300-05-C-0015
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