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Essay / Research Paper Abstract
This 11 page paper provides an overview of a brief and an appellate decision in two different cases. Bibliography lists 5 sources.
Page Count:
11 pages (~225 words per page)
File: MH11_MHAppellOp.rtf
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against the United States government, the defendant, in 2002 following conflicts over a government contract and the submitting of claims for additional compensation. FACTS Renda Marine was contracted by
the United States Army Corps of Engineers to dredge part of the Houston-Galveston Navigation Channel, and submitted claims to the contracting officer (CO) between January and October 2001. Renda
submitted seven claims that were based in differing site conditions, all of which were denied by the CO. Renda filed suit as a result of the denials for payment in
the Court of Federal Claims. It was Rendas contention that differing site conditions and the Corps constructive modification of the contract led to the incurring of additional costs and
the need for additional compensation in an amount exceeding $14 million. This case was heard in the Court of Federal Claims and on July 28, 2005, the case was
decided in favor of the government. TRIAL Prior to this hearing, while the suit was pending in the Court of Federal Claims, the CO identified six claims submitted by
the government against Renda for a total amount of $11,860,016 in November of 2002. The CO submitted to Renda, in writing, information about the appeals process, that Renda could
appeal the decision to the Armed Services Board of Contract Appeals (ASBCA) within 90 days or begin action in the Court of Federal Claims within 12 months, based on 41
USC ? 606 and 609(a)(3). This gave Renda until February to file suit or introduce an appeals to the ASBCA. Renda did not file until July of
2004 for leave to amend the complaint in the continuing Court of Federal Claims suit to challenge the validity of the COs decision. The Court of Federal Claims maintained
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