61085

Horton Construction Co., Inc.

February 14, 2018Judge Osterhout
Denied / Government PrevailedCDA JurisdictionSmall Business

Horton Construction Co., Inc. appealed the contracting officer's denial of a claim for equitable adjustment under Contract No. W9124E-11-C-0021. The Board denied the government's motion to dismiss for lack of jurisdiction.

Material Facts

  • Horton Construction Co., Inc. was awarded Contract No. W9124E-11-C-0021, a firm-fixed-price contract.
  • The contract required the crushing and removal of approximately 69,000 tons of concrete.
  • Horton claimed it was owed $274,599.00 due to the actual amount being closer to 29,000 tons.
  • The contracting officer denied the claim on 16 December 2016.
  • Horton was administratively terminated by the Louisiana Secretary of State on 19 January 2017.
  • Horton appealed the contracting officer's final decision on 8 March 2017.
  • The Louisiana Secretary of State reinstated Horton on 27 October 2017.

Parties

Appellant
Horton Construction Co., Inc.
Respondent Agency
Department of the Army
Contract Number
W9124E-11-C-0021
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