63291

The Haskell Company

February 22, 2024Judge Taylor
Denied / Government PrevailedDelay / Disruption / Suspension

The Haskell Company appealed a denial of its claim for costs incurred due to severe weather and design changes on a construction project. The Board denied the government's motion for summary judgment, finding a material factual dispute regarding the intent of a release in a contract modification.

Material Facts

  • The Navy awarded firm fixed-price Contract No. N40085-17-C-8331 to Haskell to design and build a joint reserve center in Des Moines, Iowa.
  • Modification No. A00001 included a release that resolved all costs, impact effect, and delays and disruptions arising out of the project design changes.
  • Haskell contended that the parties did not intend for the release to include its current claim for costs due to severe weather.
  • The Navy issued Mod 1, which included a 42-day time extension and increased the contract price by $485,217.
  • Haskell submitted a request for equitable adjustment for weather delays due to excessive rain and cold weather.

Parties

Appellant
The Haskell Company
Respondent Agency
Navy
Contracting Agency
Naval Facilities Engineering Systems Command, Mid-Atlantic
Contract Number
N40085-17-C-8331
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