Government Cannot Claim Release of Claims All-Inclusive When It Continued Negotiating with Contractor After Release was Signed; CBCA 4865, Perry Bartsch Jr. Construction Company v. Department of the Interior

The government’s motion for summary relief is denied, where the release of claims contained in a contract modification creates genuine issues of material fact that cannot be resolved without further development of the record, including whether the parties agreed to release all claims or only those claims related to the specific work covered by the modification, and where the agency continued negotiating a release of claims with the contractor after the modification and release in question were signed, indicating the government itself believed the release was not all-inclusive.