63359

Sonabend Company

December 19, 2023Judge McLish
Denied / Government PrevailedEquitable Adjustment (REA)Accord & Satisfaction / Release / WaiverCommercial Item

Sonabend Company appealed the denial of its Request for Equitable Adjustment (REA) for a price increase on a contract with the United States Marine Corps, which the government argued was barred by a release. The Board denied the government's motion for summary judgment, allowing the appeal to proceed.

Material Facts

  • The government moved for summary judgment on Sonabend Company's claim for an equitable price adjustment.
  • Sonabend submitted REA #1 and REA #2 requesting adjustments to unit prices for second fitting alterations.
  • The contracting officer issued a final decision on REA #2 agreeing with Sonabend's proposed revised unit prices.
  • Sonabend submitted REA #3 requesting a retroactive price adjustment for alterations performed under fourteen task orders.
  • The government denied REA #3 based on the argument that the claims were barred by the releases in the Modifications.

Parties

Appellant
Sonabend Company
Respondent Agency
United States Marine Corps
Contract Number
Contract No. M00681-18-D-0009
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Judge

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.