Horton Construction Co., Inc.

Material Facts

• Horton Construction Co., Inc. was awarded a firm-fixed-price contract for $1,943,148.51.
• The contract required the crushing of approximately 69,000 tons of concrete, but only about 28,997 tons were actually crushed.
• Horton submitted a claim for equitable adjustment in the amount of $274,599.00.
• The government denied the claim, citing a final release of claims and the absence of the Variation in Estimated Quantity clause in the contract.
• The individual who signed the final release, Mr. Chauncy Horton, was disputed regarding his authority to do so.

Parties

Appellant

Horton Construction Co., Inc.

Respondent Agency

Department of the Army

Contract Number

W9124E-11-C-0021