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62295

Sauer Incorporated

November 18, 2025Judge Woodrow
Denied / Government PrevailedContract Changes / Constructive Changes

Sauer Incorporated appealed the Navy's motion for reconsideration regarding the validity of Change Order No. 10 and its implications for pass-through claims against the government. The Board denied the Navy's motion, affirming the existence of genuine issues of material fact.

Material Facts

  • The Navy moved for reconsideration of the Board's decision denying its motion for summary judgment.
  • The Board found a genuine issue of material fact regarding the validity of Change Order No. 10.
  • The Navy failed to demonstrate the absence of a disputed material fact.
  • Sauer entered into a settlement agreement with TSI, making substantial monetary payments and assuming contingent obligations.

Parties

Appellant
Sauer Incorporated
Respondent Agency
Department of the Navy
Contract Number
Contract No. N69450-09-D-1277
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