Meltech Corporation, Inc.

November 25, 2024Judge Cates-Harman

Denied / Government PrevailedSuperior Knowledge

Meltech Corporation, Inc. appealed a decision regarding its claim of superior knowledge against the U.S. Army Corps of Engineers related to a construction contract. The Board denied Meltech's motion for summary judgment, finding material facts in dispute.

Material Facts

Meltech Corporation, Inc. entered into a Firm-Fixed-Price contract with USACE for the renovation of Building 8609.
Meltech filed a motion to amend its complaint to add counts for differing site condition, superior knowledge, and breach of the duty of good faith and fair dealing.
The Board granted the amendment for differing site condition but denied the counts for superior knowledge and breach of good faith due to lack of jurisdiction.
Meltech filed a certified claim with the contracting officer regarding superior knowledge, which was denied.
Meltech did not appeal the contracting officer's final decision within the statutory deadline.
Meltech alleged that USACE knew and failed to disclose vital information regarding the absence of as-built drawings and the concrete strength of Building 8609.
The Board found that there were material facts in dispute regarding USACE's knowledge before the contract award.

Parties

Appellant: Meltech Corporation, Inc.
Respondent Agency: U.S. Army Corps of Engineers
Contract Number: W912DR-14-D-0021

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