64432

Jaxon Construction, Inc.

June 24, 2026Judge Woodrow
Sustained / Appellant PrevailedTermination for DefaultAccord & Satisfaction / Release / Waiver

Jaxon Construction, Inc. appealed the contracting officer's decision to terminate its roof-repair contract for default, seeking conversion to a termination for convenience. The Board sustained the appeal, finding the government did not prove that the default termination was justified.

Material Facts

  • The contract was awarded to Jaxon Construction, Inc. on August 22, 2025, for $438,765.
  • The contract required performance within 80 working days after the Notice to Proceed.
  • The Notice to Proceed was executed on September 18, 2025.
  • Jaxon missed the deadline for the practicable schedule and Quality Control Plan due on October 3.
  • The contracting officer issued a cure notice on November 19, citing failure to make progress.
  • The contracting officer terminated the contract for default on December 22, 2025.
  • Jaxon did not perform any physical roofing work before termination.
  • The government found Jaxon's December 3 submissions deficient.
  • The contracting officer did not communicate deficiencies before termination.

Parties

Appellant
Jaxon Construction, Inc.
Respondent Agency
Department of the Army
Contract Number
W519TC-25-C-A037
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