63148

Korte Construction Company

May 6, 2024Judge Stinson
Denied / Government PrevailedContract Formation / ExistenceContract Interpretation

Korte Construction Company sought reconsideration of an ASBCA decision that granted the government's motion for summary judgment and denied Korte's motion for summary judgment regarding a credit claim for a deductive change to the contract work.

Material Facts

  • Korte Construction Company requested reconsideration of the ASBCA's October 26, 2023 decision.
  • The Board granted the government's motion for summary judgment and denied Korte's motion for summary judgment.
  • Korte's claim involved a credit of $493,639.43 for a deductive change to the contract work.
  • Korte and its subcontractor recognized an ambiguity in the solicitation regarding required work prior to the award.
  • Korte failed to seek clarification from the government regarding the ambiguous work requirements.

Parties

Appellant
Korte Construction Company
Respondent Agency
U.S. Army Engineer District, Tulsa
Contract Number
Contract No. W912BV-19-C-0017
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