Aspen Consulting, LLC

Material Facts

• Aspen Consulting, LLC sought $264,470.79 for two contract payments misdirected to Commerzbank.
• The payments were for work performed to outfit the U.S. Army Health and Dental Clinics in Rose Barracks, Vilseck, Germany.
• The Federal Circuit held that the government materially breached the contract by making payments to an incorrect account.
• The government presented a declaration from Anna Muth, stating that the misdirected funds were used for Aspen's benefit.

Parties

Appellant

Aspen Consulting, LLC

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W9127S-13-C-6003