Robinson Contracting Company, Inc., Plaintiff-appellant, v. the United States, Defendant-appellee, 895 F.2d 1420 (Fed. Cir. 1990)

DECISION

Robinson Contracting Company, Inc. (Robinson) appeals from a summary judgment of the United States Claims Court, 16 Cl.Ct. 676 (1989), that it had settled its claim. We affirm.

OPINION

The Claims Court correctly determined that " [t]he undisputed facts in this case, construed to resolve doubts in favor of plaintiff, indicate that the parties agreed to an accord and satisfaction." The May 10, 1983 document, providing for deletion of the remainder of the contract, the government's abandonment of default termination remedies, and payment to Robinson of $157,681.68 " [f]inal total earnings", constitutes an accord. The government's payment of $24,990.00 and its tender of the remaining $10.00 constitute satisfaction.

The Claims Court correctly determined that execution of an SF-30 was a "mere formality" where the mutual obligations had been clearly set forth in a binding, written contract. Cf. Mil-Spec Contractors, Inc. v. United States, 835 F.2d 865, 868 (Fed. Cir. 1987) (oral modification inoperative without written SF-30).

We have considered all other arguments of Robinson and find them to be equally without merit.