60906

Merrick Construction, LLC

March 22, 2018Judge D'Alessandris
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

Merrick Construction, LLC appealed a contracting officer's final decision denying its claim for rental costs related to a bypass pumping system. The Board granted the government's motion for summary judgment, concluding that the claim was barred by a general release and was submitted after final payment.

Material Facts

  • Merrick Construction, LLC was awarded Multiple Award Task Order Contract No. W912P8-08-D-0038 for construction services.
  • The Corps issued a unilateral change order for the installation of a bypass pumping system.
  • Merrick submitted its final payment request in the amount of $39,496.51 on 6 July 2015.
  • Merrick's vice president signed a general release document on 10 July 2015.
  • The Corps made final payment under the task order on 17 July 2015.
  • Merrick filed a claim for an additional month's rent on 4 May 2016, after discovering an accounting discrepancy.

Parties

Appellant
Merrick Construction, LLC
Respondent Agency
United States Army Corps of Engineers
Contract Number
W912P8-08-D-0038
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