Penna Group, LLC

Material Facts

• The contracts involved ecosystem restoration projects and construction at various sites in Texas.
• Appellant submitted a claim for $8,216.53 alleging a latent defect due to hazardous waste, which was paid by the government.
• A release of claims was executed by Penna-Ambreco JV as a condition of payment.
• Appellant filed a notice of appeal for ASBCA No. 61640 on June 8, 2018, which was later withdrawn.
• The government denied a request for additional funds based on the prior payment and release.
• Appellant submitted a Request for Equitable Adjustment (REA) for $1,439,224.03 for ASBCA No. 61641, which was certified under DFARS.
• The government responded that the REA did not constitute a claim under the CDA due to lack of proper certification.
• The CO issued a final decision on a claim related to ASBCA No. 61643, which was not appealed.

Parties

Appellant

Penna Group, LLC

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W9126G-09-C-0014 et al.