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B-191140, APR. 5, 1978, 57 COMP.GEN. 407

B-191140: Apr 5, 1978

MAY NEVERTHELESS HAVE CLAIMS CONSIDERED ON MERITS SINCE CONTRACTING OFFICER KNEW OF CONTRACTOR'S ACTIVE INTEREST IN LARGER CLAIMS AND PRIOR TO PAYMENT WAS INFORMED OF ERROR BY CONTRACTOR. THE MATERIAL FACTS ARE NOT DISPUTED. DNH WAS AWARDED CONTRACT 090 BY THE SBA ON APRIL 1. THE CONTRACT WAS FOR THE CONSTRUCTION OF ONE DUPLEX FAMILY HOUSE AND ONE FOURPLEX FAMILY HOUSE AT TOK. CONSTRUCTION WAS TO...

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Failure of Contractor To Reserve Claims Against the Government

B-191140: Apr 5, 1978

The U.S. Coast Guard requested an advance decision regarding the validity of a release executed by a contractor. The contractor, having mistakenly failed to reserve claims against the government in the general release, may nevertheless have claims considered on merits since the contracting officer knew of the contractor's active interest in larger claims and, prior to payment, was informed of the...

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