CBCA 7684

DENIED: April 18, 2024 CBCA 7684 ENFIELD ENTERPRISES, INC., Appellant, v. DEPARTMENT OF HOMELAND SECURITY, Respondent. Casey J. McKinnon of Cohen Seglias Pallas Greenhall & Furman PC, Washington, DC, counsel for Appellant. Gabriel D. Soll, Office of Acquisition and Procurement Law, United States Coast Guard, Department of Homeland Security, Washington, DC; and Brad Blevins, Legal Service Command, United States Coast Guard, Department of Homeland Security, Norfolk, VA, counsel for Respondent. Before Board Judges LESTER, RUSSELL, and SULLIVAN. SULLIVAN, Board Judge. Enfield Enterprises, Inc. (Enfield) appealed the denial of its claim for costs arising from weather delays that it experienced on its contract with the United States Coast Guard (USCG), following delays and modifications to the contract to address various contract issues. We find that Enfield’s claim is barred by the language of a release and deny the claim. CBCA 7684 2 Statement of Facts I. Contract Terms and Performance In May 2019, USCG awarded a task order to Enfield for the renovation of the Coast Guard Station in Grand Isle, Louisiana, at a cost of approximately $2 million. Appeal File, Exhibit 2 at 3-4.1 The task order set May 5, 2020, as the date for completion. Id. at 3. The parties modified the contract four times. The first modification, executed on April 29, 2020, increased the contract price by $351,949 and the time for performance by sixty days, to July 3, 2020. Exhibit 7 at 1. The modification required Enfield to perform additional abatement work for asbestos and lead-based paint. Id. The modification contained no release language. The second modification, executed on May 30, 2020, increased the contract price by $889,564.45 and the time for performance by seventy days, to September 11, 2020. Exhibit 12 at 2. The modification was necessary to address additional work to the external insulation, a mechanical room, and an additional room. Id.; Exhibit 10 at 2. The modification contained no release language. The third modification, executed on September 2, 2020, extended the time for performance by fifty-one days, to November 1, 2020, but did not increase the contract price. Exhibit 15 at 1. The modification was necessary to address the effects of the COVID-19 pandemic and Tropical Storm Cristobal. Id. The modification contained no release language. The fourth modification, executed on March 2, 2021, increased the contract price by $554,723.94 and extended the time for performance by 123 days, sixty days to perform the additional work and sixty-three days to account for USCG’s delay in processing the modification, to April 27, 2021. Exhibit 19 at 1-2. The modification was necessary to add scope for roof and HVAC repairs and mold remediation following hurricanes and tropical storms. Id. at 1; see Exhibit 18 (Enfield’s proposal, dated December 10, 2020). The modification included a broad release: “In consideration of this time extension, the Contractor releases the Government form [sic] any and all claims and liability under or by virtue of this contract or any modification.” Id. at 2. On April 14, 2021, USCG issued a certificate of beneficial occupancy for the project. Exhibit 21. 1 All exhibits are found in the appeal file, unless otherwise noted. CBCA 7684 3 II. Enfield’s Claim In August 2022, Enfield submitted a claim to the contracting officer, seeking payment of $186,152.88 for delays due to government changes and unforeseeable weather conditions. Exhibit 22. Enfield claimed thirty-nine days of delay arising from six hurricanes and tropical storms that occurred between June 4 and November 3, 2020. Id. at 9. Enfield alleged that because of Government errors and omissions that required modifications to the contract, its construction work was “pushed . . . into [this period of] adverse weather.” Id. at 3-4. The contracting officer denied the claim in December 2022, and Enfield timely appealed the denial. The parties agreed to submit the appeal for decision on the record pursuant to Board Rule 19.