Ameresco, Inc.

Material Facts

• Ameresco was awarded a design/build contract for the restoration of an Army Reserve Center at Fort Totten, New York.
• The contract included 14 contract line items, none of which required mold remediation work.
• Ameresco submitted a certified claim alleging that mold infestation resulted from a roof failure and undisclosed foundation defects.
• The Corps issued RFP-0007 seeking a price proposal for mold remediation, which Ameresco submitted.
• The Corps directed Ameresco to proceed with mold remediation work while negotiations were ongoing.
• Ameresco's claim included allegations of water infiltration contributing to mold growth.
• The Corps denied Ameresco's request for equitable adjustment for additional mold remediation work.

Parties

Appellant

Ameresco, Inc.

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W912QR-21-C-0018