5613156374

Al Khudhairy Group

August 6, 2010Judge James
Denied / Government PrevailedContract InterpretationTermination for DefaultAccord & Satisfaction / Release / Waiver

The ASBCA addressed appeals by Al Khudhairy Group regarding a termination for default and a claim for delay costs related to a construction contract. The Board denied the appellant's motions for summary judgment.

Material Facts

  • The U.S. Army Corps of Engineers awarded Contract No. W912ER-05-C-0012 to Al Khudhairy Group to construct a main supply road.
  • The total firm fixed price of the contract was $21,920,125.
  • The contract included several FAR clauses related to use and possession prior to completion, inspection of construction, and default.
  • The contracting officer terminated the contract for default on 14 May 2007, citing failure to make satisfactory progress.
  • At the time of termination, the adjusted contract price was $29,661,290.20, and the appellant had been paid $27,226,045.65.

Parties

Appellant
Al Khudhairy Group
Respondent Agency
U.S. Army Engineer District, Middle East
Contract Number
W912ER-05-C-0012
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