Gilbane Federal

March 4, 2024Judge Wilson

DismissedCDA Jurisdiction

Gilbane Federal appealed the government's motion to dismiss for lack of jurisdiction regarding its claim under Contract No. W912HN-18-C-3009. The Board denied the motion but dismissed the appeal as moot due to a subsequent final decision.

Material Facts

Gilbane was awarded Contract No. W912HN-18-C-3009 to repair a building on Ft. Gordon, GA.
The contract incorporated the Disputes clause, FAR 52.233-1.
Gilbane submitted a request for equitable adjustment (REA) on September 14, 2021, for $3,990,387.49 and an extension of 282 calendar days.
A revised REA was submitted on June 15, 2022, updating the amount to $3,641,312.07.
On May 25, 2023, Gilbane submitted a certified claim requesting $3,649,966.13 and an extension of 282 calendar days.
The government issued a letter on July 24, 2023, indicating the claim was under review and a decision would be issued January 31, 2024.
Gilbane filed a notice of appeal on August 2, 2023, on a deemed denial basis, which was docketed as ASBCA No. 63674.
The government provided a unilateral modification for $830,758 and 230 calendar days of schedule extension on August 9, 2023.
The contracting officer issued a final decision on August 18, 2023, denying entitlement for the remaining 52 calendar days of extension and $2,810,554.07 in compensation.

Parties

Appellant: Gilbane Federal
Respondent Agency: Army Corps of Engineers
Contract Number: Contract No. W912HN-18-C-3009

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.