Ashridge, Inc.

October 7, 2026Judge Sweet

Partially SustainedTermination for DefaultDelay / Disruption / SuspensionInspection / Acceptance / Warranty / Latent DefectsCDA Jurisdiction

The ASBCA considered the government's partial motion to dismiss Ashridge's challenge to a termination for default. The Board dismissed four claims for failure to state a claim, denied dismissal of the excusable-delay claim for lack of jurisdiction, and stayed the appeal for 30 days to permit submission of that claim to the contracting officer.

Material Facts

The government awarded Ashridge a contract to perform perimeter dike raising and other tasks at Jones-Oysterbed Island in Savannah Harbor, South Carolina.
The government issued a show cause notice, held a show cause hearing, and then terminated the contract for default.
The termination notice identified alleged failures involving the completion schedule, capability to close out the work, progress, and deficient work.
Ashridge alleged that it was 95%, or substantially, complete with the project at the time of termination.
Ashridge's complaint asserted wrongful termination and breach of the implied covenant of good faith and fair dealing.
The excusable-delay claim, including alleged weather delays, had not been submitted to the contracting officer.
The government moved to dismiss four claims for failure to state a claim and the excusable-delay claim for lack of jurisdiction.

Parties

Appellant: Ashridge, Inc.
Respondent Agency: United States Army Corps of Engineers
Contracting Agency: United States Army Corps of Engineers
Contract Number: W912HN-22-C-5004

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