A Contracting Officer’s death did not waive the requirement that a contractor file a claim with the agency before bringing its claim to federal court.
In a recent decision, the Court of Federal Claims held that a contractor was not entitled to forego the claim requirement because of the Contracting Officer’s death–even though the agency did not appoint a replacement.
The Court’s decision in Delaware Cornerstone Builders, Inc. v. United States, No. 10-588C (Fed. Cl. 2014) involved a contract between Delaware Cornerstone Builders, Inc. and the VA. Under the contract, DCB was to replace a VA health care facility in Maryland.
The project reached substantial completion in June 2004. In 2004, DCB and the Contracting Officer began discussions about additional payments DBC believed to be due and owing. The parties never reached a resolution, and communications apparently ceased for a period of years. In September 2006, the Contracting Officer died.
Keep reading this article at: http://smallgovcon.com/claims-and-appeals/contracting-officers-death-didnt-waive-claim-requirement/