63240

KUNJ Construction Corporation

January 25, 2024Judge McLish
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

KUNJ Construction Corporation appealed a decision regarding claims related to a contract for replacing a fire system at the Philadelphia Naval Business Center, which the Navy contended were barred by accord and satisfaction. The Board denied both parties' motions for summary judgment.

Material Facts

  • KUNJ entered into Contract No. N40085-16-D-0302 with the Navy for construction work.
  • Task Order 0004 was awarded to KUNJ to replace the central base fire system at the Philadelphia Naval Business Center.
  • KUNJ submitted a Request for Equitable Adjustment seeking $1,395,093.00 for delays and interruptions.
  • The Contracting Officer issued a final decision determining KUNJ was due $5,265.09 for increased costs and denied the remainder of KUNJ's claims.
  • KUNJ's claims included delays caused by the Navy's failure to provide escorts and access to secure areas.

Parties

Appellant
KUNJ Construction Corporation
Respondent Agency
Navy
Contract Number
N40085-16-D-0302
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