60952

Safeco Insurance Company of America

July 25, 2017Judge Clarke
DismissedCDA Jurisdiction

Safeco Insurance Company of America appealed a decision regarding its claim related to a contract with the U.S. Army Corps of Engineers, which the Board dismissed for lack of jurisdiction.

Material Facts

  • Task Order No. CMOl under Contract No. W912HN-08-D-0042 was issued to LL. Fleming, Inc. for the design and construction of a Brigade/Battalion Headquarters at Fort Polk, Louisiana.
  • Safeco issued a Payment Bond and a Performance Bond as surety for the contract.
  • An Escrow Agreement was established on 17 February 2011, directing payments to be made into the escrow account.
  • The COE made 15 payments to the U.S. Bank escrow account from 23 August 2011 through 8 August 2014.
  • A payment of $56,073.84 was returned to the COE on 13 August 2014 due to an invalid bank account number.
  • On 23 August 2016, Safeco filed a certified claim in the amount of $57,073.84, which was denied by CO Meares on 8 December 2016.
  • Safeco filed a notice of appeal with the Board on 20 December 2016.

Parties

Appellant
Safeco Insurance Company of America
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912HN-08-D-0042
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