6225062251

Halbert Construction Company, Inc.

May 19, 2021Judge Wilson
Sustained / Appellant PrevailedContract Formation / ExistenceCDA Jurisdiction

Halbert Construction Company, Inc. appealed the government's motions to dismiss two contract claims for lack of jurisdiction and failure to state a claim. The Board denied the government's motions, allowing the appeals to proceed.

Material Facts

  • On or about September 30, 2011, the US Army Corps of Engineers and Halbert Construction Company, Inc. entered into a contract for the construction of a transition center in San Diego, CA.
  • On or about March 20, 2013, the government issued a request for proposal titled 'Changes,' requesting a proposal from appellant.
  • In response to the RFP, appellant submitted pricing, and on or about June 24, 2013, the government sent a bilateral modification to Halbert.
  • Halbert did not accept or sign the bilateral modification, leading to a unilateral modification issued on or about July 16, 2013.
  • On or about June 3, 2019, appellant submitted a certified claim to the contracting officer, seeking increased costs related to Mod. 3.
  • The contracting officer failed to issue a decision on the claim, prompting appellant to file an appeal with the Board on November 1, 2019.
  • On or about September 7, 2012, appellant and the government entered into a contract for the renovation and expansion of the VA San Diego Healthcare System Research Labs.
  • During performance, the government issued four unilateral modifications, extending the contract by a total of 447 days.
  • On or about June 3, 2019, appellant submitted a certified claim for additional costs incurred during performance.
  • The contracting officer failed to issue a decision on the claim, and appellant filed an appeal with the Board on November 1, 2019.

Parties

Appellant
Halbert Construction Company, Inc.
Respondent Agency
U.S. Army Engineer District, Los Angeles
Contract Number
W912PL-10-D-0114
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