Appeal of -- The Clark Construction Group, Inc. Under Contract No. AOC-9800017

2003-2: Nov 23, 2004

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The Clark Construction Group, Inc. (Clark or Appellant) seeks additional monies arising out of the deletive credit taken by the Architect of the Capitol (AOC, Government, or Respondent) for a change order canceling the installation of a shade cloth system, a portion of the parties' contract for the renovation of the United States Botanic Garden Conservatory. Appellant claims that the unilateral deductive credit taken here by AOC was excessive and improperly calculated. Our jurisdiction of this appeal is pursuant to the contract's Disputes Clause and the appointment of the Board by the Joint Committee on the Library by letter dated December 13, 2002. Only quantum is at issue here.

We sustain the appeal in the amount of $772,745, plus interest.