Tanik Construction Company, Inc.

June 7, 2022Judge Prouty

Denied / Government PrevailedOther

Tanik Construction Company, Inc. appealed a government motion for summary judgment regarding a release signed by Tanik, which the government argued waived its rights to advance claims. The Board denied the government's motion, allowing Tanik to proceed with its claims based on potential fraud.

Material Facts

The United States Army Corps of Engineers awarded a contract to Tanik on April 9, 2014.
Task Order No. 0001 was awarded to Tanik on September 25, 2014, for apron improvements at the Coast Guard Station, Kodiak, Alaska.
Tanik discovered metal tie-downs in the apron that had been paved over, which it characterized as a differing site condition.
The Corps issued bilateral contract Modification No. P00005 for Tanik to conduct a ground penetrating radar survey.
Tanik executed Modification No. P00006, which extended the contract completion date but included release language.
Tanik submitted a proposal for additional work related to the differing site condition, which resulted in Modification No. P00008.
Tanik filed a Request for Equitable Adjustment (REA) on October 2, 2018, seeking payment for costs stemming from the differing site condition.
The CO denied Tanik's REA, stating that the costs should have been included in the contract modifications.

Parties

Appellant: Tanik Construction Company, Inc.
Respondent Agency: U.S. Army Engineer District, Alaska
Contracting Agency: United States Army Corps of Engineers
Contract Number: W911KB-14-D-0016

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