Ford Lumber & Building Supply, Inc.

Material Facts

• The Corps issued an invitation for bids for the sale of approximately 3,400 acres of the Jefferson Proving Ground in Jefferson County, Indiana.
• Ford was the successful bidder and entered into a Lease in Furtherance of Conveyance on May 13, 1996.
• The lease was modified to 50 years by Supplemental Agreement No. 3 on November 25, 1997.
• The lease included indemnification clauses for both the government and the lessee.
• Ford alleged that contractors hired by the Army damaged a generator and building in the late 1990s.
• Ford submitted claims for damages, a reduction in purchase price, and asbestos remediation costs.
• The government denied Ford's claims, leading to the appeals.

Parties

Appellant

Ford Lumber & Building Supply, Inc.

Respondent Agency

United States Army Corps of Engineers

Contract Number

DACA27-1-96-9