62295

Sauer Incorporated

August 13, 2025Judge Woodrow
Denied / Government PrevailedGovernment-Furnished Property

Sauer Incorporated appealed a decision regarding a pass-through claim against the government for its subcontractor, Tri-State Painting, LLC. The Board denied the government's motion for partial summary judgment, allowing the claim to proceed.

Material Facts

  • The contract involved the rehabilitation of Explosive Handling Wharf No. 2 at the Naval Submarine Base, Kings Bay, Georgia.
  • The Navy awarded Contract No. N69450-09-D-1277 to Sauer in the amount of $28,126,400.
  • Sauer submitted a certified claim including a pass-through claim on behalf of TSI in the amount of $8,965,299.
  • The government issued a unilateral modification recognizing unanticipated lead as a differing site condition.
  • Sauer and TSI entered into a settlement agreement on September 2, 2022, resolving TSI's claims against Sauer.

Parties

Appellant
Sauer Incorporated
Respondent Agency
Navy
Contracting Agency
Naval Facilities Engineering Command SE
Contract Number
N69450-09-D-1277
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