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A4 Construction Company, Inc

May 16, 2025Judge Taylor
Partially SustainedAccord & Satisfaction / Release / Waiver

A4 Construction Company, Inc. appealed the government's termination for default of two contracts and various claims related to those contracts. The Board partially granted the government's motion for summary judgment based on the affirmative defenses of accord and satisfaction and release.

Material Facts

  • The USACE awarded two contracts to A4 to design and construct training facilities for the United States Special Forces at Fort Carson, Colorado.
  • The government terminated Contract No. W9128F-19-C-0016 for default and A4 appealed that termination.
  • A4 submitted numerous claims on the Mountaineering Contract which were denied by the USACE contracting officer.
  • The government filed a motion to dismiss one of A4's appeals for failure to state a claim, which the Board partially granted.
  • The government contended that A4's claims were resolved through bilateral modifications that included specific releases.

Parties

Appellant
A4 Construction Company, Inc.
Respondent Agency
United States Army Corps of Engineers
Contract Number
W9128F-19-C-0016, W9128F-19-C-0018
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