Halbert Construction Company, Inc.
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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