62817

Marine Hydraulics International, LLC

April 16, 2024Judge Sweet
Denied / Government PrevailedContract Changes / Constructive Changes

Marine Hydraulics International, LLC appealed a denial of its claim for costs associated with removing wood-debris from the USS WHIDBEY ISLAND, arguing a breach of the Liability and Insurance Clause. The Board granted the government's motion for summary judgment, denying Marine's claims.

Material Facts

  • The United States Navy awarded Marine Contract No. N00024-16-D-4412 for ship repairs.
  • The Contract included a Liability and Insurance Clause where the government assumed risks of loss unless due to defective workmanship.
  • Marine left a wood-wedge in a gearcase during testing, which caused wood-debris when the engine was turned.
  • The government required Marine to remove the wood-debris and did not compensate Marine for that work.
  • Marine submitted a certified claim which was denied by the contracting officer.

Parties

Appellant
Marine Hydraulics International, LLC
Respondent Agency
Department of the Navy
Contracting Agency
Department of the Navy
Contract Number
Contract No. N00024-16-D-4412
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