60813

Arab Shah Construction Company

September 7, 2017Judge Clarke
Denied / Government PrevailedContract Interpretation

Arab Shah Construction Company appealed a denial of its claim for $19,000 related to moving construction materials under Contract No. H92237-11-C-0639. The Board denied the appeal, enforcing the contract modification and ruling that the claim was submitted after final payment.

Material Facts

  • The contract was awarded to Arab Shah Construction Company for $62,000 for the construction of two metal pole barns.
  • The contract incorporated the FAR 52.243-4, CHANGES clause, which prohibits equitable adjustments after final payment.
  • Arab Shah submitted an invoice for $62,000, which was accepted and paid by the Air Force.
  • The appellant's claim for $19,000 was based on costs incurred to move materials after a change in location.
  • The contracting officer stated that he did not believe he sent an email purportedly agreeing to pay for transportation costs.

Parties

Appellant
Arab Shah Construction Company
Respondent Agency
Air Force
Contract Number
H92237-l l-C-0639
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