62634

Thomas J. Davis, Inc.

July 1, 2021Judge Prouty
Denied / Government PrevailedOther

Thomas J. Davis, Inc. challenged a contracting officer's final decision regarding a claim for defective design of an aircraft corrosion control facility, leading to a motion for summary judgment. The Board denied the motion, finding a factual dispute regarding the claim's accrual.

Material Facts

  • The government awarded the contract to TJD on April 10, 2012.
  • The contract was for the provision of the design of a corrosion control facility on Osan Air Base.
  • TJD was to be paid $858,940 for its services.
  • The government issued a claim against TJD on November 20, 2019, seeking reimbursement for costs incurred due to TJD's defective design.
  • The earliest document indicating the government recognized a problem with TJD's design was a November 7, 2017 email.

Parties

Appellant
Thomas J. Davis, Inc.
Respondent Agency
U.S. Army Engineer District, Far East
Contract Number
W912UM-12-C-0029
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