61464

Expresser Transport Corporation

December 7, 2018Judge Melnick
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverStatute of Limitations / Timeliness

Expresser Transport Corporation appealed the government's denial of an indemnification claim under a time charter contract. The Board granted summary judgment for the government, denying the appeal based on the waiver of claims provision in the contract.

Material Facts

  • Expresser Transport Corporation entered into a time charter contract with the United States in 1983, amended in 1985.
  • The contract required claims for moneys due to be submitted within two years of the vessel's redelivery.
  • The vessel was redelivered on July 15, 2009.
  • Expresser submitted a claim for indemnification on March 15, 2017, seeking reimbursement for a settlement related to an employee's injury.
  • The contracting officer denied the claim on October 3, 2017.

Parties

Appellant
Expresser Transport Corporation
Respondent Agency
Department of the Navy
Contract Number
N00033-82-C-1013
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