Appeal of Lift Up Trucking, LLC

Summary

The Armed Services Board of Contract Appeals considered Lift Up Trucking, LLC’s appeal concerning alleged tick infestation conditions and nonpayment for grounds-maintenance services at Fort Belvoir. The Board dismissed claims seeking specific performance and responsibility for potential future costs because it lacked jurisdiction to order specific performance and the future-cost claim did not state a sum certain. The Board found that the invoiced services were nonconforming and denied payment for the unpaid invoice.

Holdings

1. The Board lacks jurisdiction to order specific performance or direct the Army to take specific actions. The claim requesting treatment of the alleged tick infestation or governmental acceptance of liability was dismissed for lack of jurisdiction.
2. A claim for potential future delays or increased costs fails to state a valid CDA claim when it does not state an expressly demanded sum certain, including an estimated dollar amount.
3. A claim may satisfy the sum-certain requirement even if the claim letter does not state the amount, when an attached or previously submitted invoice clearly puts the government on notice of the amount sought.
4. Lift Up Trucking was not entitled to payment because the services billed under Invoice No. 00F4 were nonconforming and the contractor refused to correct them.

Questions Presented

1. Whether the Board had jurisdiction to order the Army to treat the alleged tick infestation or accept liability for work performed under the alleged conditions.
2. Whether the claims for payment and potential future delay or increased labor costs satisfied the FAR requirement that a CDA monetary claim state a sum certain.
3. Whether Lift Up Trucking proved entitlement to payment for the unpaid invoice despite the Army’s rejection of the work as nonconforming.

Disposition

dismissed