Patricia I. Romero, Inc. d/b/a Pacific West Builders

May 12, 2023Judge McLish

Partially SustainedQuantum / DamagesStatute of Limitations / TimelinessCDA JurisdictionAccord & Satisfaction / Release / Waiver

Patricia I. Romero, Inc. d/b/a Pacific West Builders appealed a decision regarding claims for additional work and delays under a task order issued by NAVFAC. The Board granted summary judgment in favor of the government on most claims, citing statute of limitations and other defenses.

Material Facts

The contract at issue is a task order under an indefinite-delivery, indefinite-quantity construction contract awarded to PWB.
The task order was awarded on or about September 20, 2011, for the Denver NOSC Repair Project at Buckley Air Force Base.
PWB's certified claim included allegations of delays and additional costs due to NAVFAC's actions.
The contracting officer issued a final decision on PWB's claim on September 13, 2021, granting it in part and denying it in part.
PWB filed this appeal on December 7, 2021, seeking relief for additional work and delay costs.

Parties

Appellant: Patricia I. Romero, Inc. d/b/a Pacific West Builders
Respondent Agency: Naval Facilities Engineering Systems Command Southwest
Contract Number: Contract No. N62473-08-D-8655

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