61107

Anis Avasta Construction Company

April 18, 2018Judge Sweet
Denied / Government PrevailedOther

Anis Avasta Construction Company appealed a decision regarding alleged non-payment for construction work performed under a contract with the United States Air Force. The Board denied the appeal, citing lack of evidence of contract performance and the doctrine of laches.

Material Facts

  • Anis Avasta sent an email to the contracting officer representative on 29 September 2011.
  • The email included a Standard Form 1442 for Contract No. H92237-11-C-0343, which stated Anis Avasta would construct a facility for $53,000.
  • The SF 1442 required the contractor to furnish a Release of Claims prior to final payment.
  • Anis Avasta received a notice to proceed on 2 October 2011.
  • There is no evidence that Anis Avasta performed the work or that the government accepted it.
  • Anis Avasta submitted a claim on 6 February 2017, over five years after the alleged performance.
  • The contracting officer and contracting officer representative had no memory of the events by the time of the claim.

Parties

Appellant
Anis Avasta Construction Company
Respondent Agency
United States Air Force
Contract Number
H92237-11-C-0343
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