Africa Transport Logistics Company
Africa Transport Logistics Company appealed the denial of its claim for property damage and lost rent arising from the government's occupancy of a leased house in Burkina Faso. The Board granted the appeal in part as to entitlement, denied it in part, and remanded quantum because the record was insufficient to determine recoverable amounts.
Material Facts
- The government leased ATLC's three-story house in Ouagadougou, Burkina Faso, for military housing.
- The lease assigned ATLC responsibility for maintaining the premises, appliances, systems, windows, exterior grounds, swimming pool, and septic system.
- The lease expressly permitted the government to install steel doors but contained no other specific authorization for major security modifications.
- The lease required changes to be made in a written amendment signed by both parties and disavowed oral modifications.
- The government installed steel doors, window reinforcements, barricades, security-related electrical and plumbing modifications, partition walls, and surveillance or communications equipment.
- The government vacated the property in May 2024, while the steel reinforcements remained in place.
- ATLC paid a contractor to remove the steel reinforcements on October 17, 2024.
- The presence of the steel reinforcements made the property unsuitable for rental until they were removed.
- The claim sought compensation for alleged property damage and rent allegedly lost after the government's departure.
- The contracting officer denied the claim in its entirety.
Parties
- Appellant
- Africa Transport Logistics Company
- Respondent Agency
- U.S. Army Corps of Engineers
- Contracting Agency
- U.S. Army Corps of Engineers
- Contract Number
- DACA-31-5-23-0208
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