6134961350

Cooper/Ports America, LLC

March 12, 2019Judge Sweet
Partially SustainedOther

Cooper/Ports America, LLC appealed two decisions regarding a contract for stevedoring services, alleging government misrepresentation and breach of the covenant of good faith and fair dealing. The Board granted summary judgment in part, denying one claim while allowing another to proceed.

Material Facts

  • The United States Transportation Command awarded Contract No. HTC711-15-D-R036 to Shippers Stevedoring Co. to provide stevedoring services.
  • C/PA purchased Shippers' interests in the contract and entered into a novation agreement with the government.
  • C/PA alleged that it relied on government misrepresentations regarding the renegotiation of contract prices.
  • The government denied any misrepresentation and moved for summary judgment.
  • The Board found a genuine dispute regarding the misrepresentation claim but ruled that C/PA could not dispute compliance with the covenant of good faith and fair dealing.

Parties

Appellant
Cooper/Ports America, LLC
Contract Number
Contract No. HTC711-15-D-R036
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