Sheffield Korte Joint Venture

August 11, 2023Judge Cates-Harman

Denied / Government PrevailedGovernment-Furnished PropertyContract Changes / Constructive ChangesAccord & Satisfaction / Release / Waiver

Sheffield Korte Joint Venture appealed against the United States Army Corps of Engineers regarding additional compensation for permitting requirements and the rescission of unilateral modifications. The Board granted the government's motion for summary judgment and denied the appellant's motion.

Material Facts

USACE awarded Contract No. W912QR-15-C-0027 to SKJV for the design and construction of a new Army Reserve Center.
The total contract price was $21,427,802.
The contract required the contractor to provide all permits and comply with applicable regulations.
SKJV encountered difficulties obtaining necessary permits from local authorities.
USACE issued unilateral modifications providing additional compensation for design work related to permitting requirements.
SKJV filed a request for equitable adjustment seeking $1,800,000 due to alleged changed conditions.
USACE denied SKJV's request for equitable adjustment and issued an affirmative claim to recoup $418,406 paid under the modifications.

Parties

Appellant: Sheffield Korte Joint Venture
Respondent Agency: U.S. Army Corps of Engineers
Contract Number: W912QR-15-C-0027

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