Remember the adage, “what you say today could bite you tomorrow.”

Recently, a Contractor won its argument before the Armed Services Board of Contract Appeals (ASBCA) because the other party to the contract (the U.S. Army) prevented its own defense by insisting upon its own words and later trying to escape them.

Under a contract with the U.S. Army, Appellant/Contractor agreed to provide role-playing, human actors to help train soldiers to deal with civilians on a battlefield.  Before the Army had issued the third of at least six task orders, the Contractor submitted a Request for Equitable Adjustment under Task Order No. 2.

In settling the Contractor’s Request for Equitable Adjustment, the Army drafted the language of a Contract Modification (Mod) stating “there are no further requests for equitable adjustments or claims to be submitted under this contract.”  The Mod language was not limited to claims or requests by the Contractor.  As such, the language included claims or requests by the Contractor AND the Army.  This was the linchpin.  Later, the Army lost its claim against the Contractor for damages related to Task Order No. 2 as the very language drafted by the Army in Mod 4 prevented the Army’s later claim.

Appeal of Supply & Service Team GmbH, ASBCA No. 59630, decided March 1, 2017.

Published On: April 17, 2017

Share This Story, Choose Your Platform!

Roads& Bridges | Confusing Waters

October 17, 2023|

CONFUSING WATERS | A Supreme Court ruling leaves room for ambiguity

What happens when there may be a “significant nexus” between “adjacent” and/or […]

  • Sum Certain Blog Post

Jurisdiction is Power

August 27, 2023|

Not bad power, but the ability of a decision-maker (e.g., court) to decide which side is right (or which is more correct). […]

  • A Supreme Court ruling leaves room for ambiguity

Roads & Bridges | Mediation Melee

June 13, 2023|

MEDIATION MELEE| An arbitration case can be costly

Arbitration can be a bridge over troubled waters. In this crossing, the parties argued over […]

  • Written Notice | Roads & Bridges Article | Jon Straw

Roads & Bridges | Written Notice

April 2, 2023|

WRITTEN NOTICE | Beware that strict compliance of the contract might be required.

When an owner replaced a contractor for significant safety violations, […]

Share This Story, Choose Your Platform!