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North Wind Construction Services, LLC

February 13, 2024Judge Melnick
DismissedContract Formation / Existence

The Armed Services Board of Contract Appeals dismissed two appeals by North Wind Construction Services, LLC as moot following the termination of their contract for default by the government.

Material Facts

  • The Army Corps of Engineers awarded NWCS a contract for the design and construction of a seepage barrier.
  • NWCS proposed a secant wall for the barrier, which the government claimed did not meet contract specifications.
  • NWCS submitted non-monetary claims to the contracting officer for contract interpretation.
  • The government terminated the contract for default after NWCS appealed its contract interpretation claims.

Parties

Appellant
North Wind Construction Services, LLC
Respondent Agency
U.S. Army Engineer District, Huntington
Contract Number
W91237-21-C-0003
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