6181961820

Sand Point Services, LLC

January 3, 2024Judge McIlmail
Denied / Government PrevailedContract Changes / Constructive ChangesDiffering Site ConditionsAccord & Satisfaction / Release / Waiver

Sand Point Services, LLC appealed claims regarding contract changes, economic waste, and differing site conditions related to its work on an aircraft parking apron and taxiway. The Board denied the appeals, finding that Sand Point had released its claims and agreed to perform the work as contract work.

Material Facts

  • In 2014, NASA contracted with Sand Point for the removal and replacement of an aircraft parking apron for $1,878,673.34.
  • The contract included FAR 52.249–10(a) regarding default in fixed-price construction.
  • Modification No. 2 was entered into on September 16, 2015, which included a release of claims related to differing site conditions.
  • Modification No. 5, entered into in December 2016, itemized punch list work and extended the contract completion date.
  • Sand Point raised its claim of duress regarding Modification No. 2 for the first time on October 27, 2017.

Parties

Appellant
Sand Point Services, LLC
Respondent Agency
NASA
Contract Number
NNG14WA50C
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