Fidelity & Deposit Company of Maryland
Fidelity & Deposit Company of Maryland appealed a dismissal for lack of jurisdiction regarding a claim related to a task order contract. The Board upheld the dismissal, concluding that F&D lacked standing as it was not in privity with the government when the claim accrued.
Material Facts
- The government contracted with ECC CENTCOM under fixed-price task order Contract No. W912ER-11-D-0010-0006 for design and construction of U.S. Navy housing quarters in Bahrain.
- ECC installed bathroom floor drains between January 14 and February 15, 2015.
- ECC submitted a request for equitable adjustment (REA) on March 23, 2016, seeking $122,255 for the allegedly changed work.
- The government terminated ECC for default on April 19, 2016.
- F&D executed a takeover agreement with the government on July 19, 2016.
- F&D submitted ECC’s REA as a certified claim on March 24, 2021, seeking $113,170.88.
Parties
- Appellant
- Fidelity & Deposit Company of Maryland
- Respondent Agency
- U.S. Army Engineer District, Middle East
- Contract Number
- Contract No. W912ER-11-D-0010-0006
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