The contractor’s claim alleged the contract was “royally messed up” without more detail. The agency denied it. The contractor appealed. The agency said the appeal raised theories not raised in the claim. But CBCA discerned the contours of a claim from the contractor’s correspondence with the agency.
Quality Trust, Inc. V. Department of the Interior, CBCA 7451
- Claim – The contractor submitted a claim alleging the contract was “royally messed up.” The claim sought $481,000. The claim referred to differing site conditions but didn’t provide specifics. The agency denied the claim for lack of evidentiary support. The contractor appealed to the CBCA.
- Claims Not Submitted to Agency – The agency moved to dismiss the appeal. The agency contended the appeal asserted claims that had not been alleged in the claim. The board agreed in part, finding the complaint raised issues concerning reformation and partial termination that were not in the claim. The complaint also sought $481,000 for standby costs. Although the standby theory was not articulated in the claim, the board divined the outlines of the claim from the contractor’s correspondence with the agency. The board found this standby claim had been submitted to the contracting officer.
- Failure to Prosecute – The board had asked the contractor several times to further explain its claim and gave the contractor deadlines to respond. The contractor had missed all the deadlines. The agency asked the board to dismiss the appeal for failure to prosecute. But the board found the missed deadlines did not indicate the contractor had abandoned the claim. The contractor was still responding to communications and asking the board to schedule hearings.
The contractor is represented by its President, Lawrence M. Ruiz. The government is represented by Amanda S. Wang and Rachel Grabenstein of the Department of the Interior.
--Case summary by Craig LaChance, Editor in Chief