6226562937

ACC Construction Co., Inc.

September 22, 2021Judge Melnick
Partially SustainedContract Formation / Existence

ACC Construction Co., Inc. appealed the government's motion to strike its first amended complaint regarding a contract dispute. The Board partially granted and partially denied the government's motion.

Material Facts

  • ACC's original claim stemmed from a contract to design and construct various facilities for the United States Army Reserve in Virginia.
  • ACC sought costs associated with unexpected storm water drainage requirements imposed by Virginia.
  • The original complaint included allegations of defective specifications and constructive change.
  • ACC submitted a second claim on February 12, 2021, alleging the government did not disclose prior knowledge of the construction project's classification as an industrial site.
  • The appeals were consolidated, and ACC filed an amended complaint on July 12, 2021.

Parties

Appellant
ACC Construction Co., Inc.
Respondent Agency
U.S. Army Engineer District, Louisville
Contract Number
W912QR-17-C-0021
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