Sauer Incorporated
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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