Six of those modifications contained release language releasing “all claims or demands whatsoever arising out of or from this Modification” with exceptions for “potential time impacts based on changes included in this modification.” Id.
In the course of performance fifteen different modifications were issued and bilaterally executed. In this case, Bartsch Construction Company was awarded a contract to renovate the visitor center complex at Mammoth Cave National Park in Kentucky. The CBCA acknowledged Bell BCI in its Bartsch decision, but reached a very different conclusion, finding that a somewhat similarly worded broad release was ambiguous. After this decision was issued, many in the Government contracts bar expressed concern about the Federal Circuit’s interpretation of that release and the potential ramifications of such a broad interpretation. that generic release language in a contract modification barred the contractor’s delay and cumulative impact claims. In 2009, the Federal Circuit held in Bell BCI v. Specifically, this decision addresses the issue of whether an apparent global release of claims, contained in just one of many contract modifications, can extinguish all potential claims against the Government.įor a more complete review of Bartsch and its implications, please continue reading.
JUDGE RELEASES AGAINST CONTRACT REDACTED LUNAR HOW TO
Generally, this case offers important guidance about how to draft a release in an effective and narrow way, and the types of factors that the CBCA will consider when interpreting a release. of the Int., CBCA 4865, 5071 (December 8, 2016) helps contractors answer these questions and understand the scope and contours of a release. The Civilian Board of Contract Appeals’ (CBCA) recent decision in Perry Bartsch Jr., Constr. Did you sign that release and realize its impact? You are reviewing a contract modification and notice a paragraph titled “Release of Claims.” Do you know what claims will be released by this language? Or worse, the contracting officer just issued a final decision rejecting your claim (under the Contract Disputes Act) because the release in a contract modification constituted an accord and satisfaction.
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