61085

Horton Construction Co., Inc.

June 2, 2020Judge Osterhout
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

Horton Construction Co., Inc. appealed the Army's denial of claims for compensation due to a reduction in concrete to be crushed under a contract. The Board upheld the Army's position, finding that Horton executed a valid release of claims.

Material Facts

  • The Army awarded Contract No. W9124E-11-C-0021 to Horton on September 12, 2011.
  • The contract had a total value of $1,943,148.51.
  • Chauncy Horton signed several modifications to the contract that included release language.
  • Horton filed a claim for $274,599.00 on May 27, 2016, claiming it only crushed 28,997 tons of concrete.
  • The contracting officer denied the claim on December 16, 2016.

Parties

Appellant
Horton Construction Co., Inc.
Respondent Agency
United States Army
Contract Number
W9124E-11-C-0021
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