622426224363222

ESA South, Inc.

March 16, 2023Judge McIlmail
Denied / Government PrevailedQuantum / Damages

ESA South, Inc. appealed the government's claim of breach of contract regarding the issuance of rights of entry for roof repairs. The Board granted the government's motion for partial summary judgment, concluding no breach occurred.

Material Facts

  • The government contracted with ESA South, Inc. to provide emergency temporary roof repairs.
  • The contract was an IDIQ contract with a total estimated value of $45,000,000.
  • The contract included a minimum guarantee of $2,500.
  • ESA claimed the government issued only 3,748 rights of entry instead of the required 8,846.

Parties

Appellant
ESA South, Inc.
Respondent Agency
U.S. Army Engineer District, Jacksonville
Contract Number
W9128F-14-D-0014
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