62928

Jemison & Partners, Inc.

December 5, 2022Judge O'Connell
Denied / Government PrevailedQuantum / DamagesCommercial Item

Jemison & Partners, Inc. appealed a decision regarding payment for topsoil under a firm-fixed-price contract, claiming entitlement to payment for estimated quantities rather than actual quantities placed. The Board denied the appeal.

Material Facts

  • The parties entered into a contract for greenspace restoration on February 15, 2019.
  • The contract price was $747,298.57.
  • The bid schedule listed an estimated quantity of 2,355 cubic yards of topsoil.
  • The contractor was responsible for verifying quantities and could not seek additional costs for quantity takeoff mistakes.
  • Jemison submitted a claim for an unpaid balance of $53,104.80 for topsoil, which was denied by the contracting officer.

Parties

Appellant
Jemison & Partners, Inc.
Respondent Agency
U.S. Army Engineer District, New Orleans
Contract Number
W912P8-19-C-0018
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