57168

Kelly-Ryan, Inc.

November 29, 2010Judge Dickinson
Denied / Government PrevailedCDA JurisdictionFailure to Prosecute / DismissalDCAA Involved

Kelly-Ryan, Inc. appealed a deemed denial of its claim under Contract No. W911KB-05-C-0016, which the government moved to dismiss for lack of jurisdiction as premature. The Board denied the government's motion to dismiss.

Material Facts

  • On 11 July 2005, the USACE awarded Contract No. W911KB-05-C-0016 to KRI for the False Pass Harbor project.
  • KRI submitted a Request for Equitable Adjustment (REA) on 14 May 2008 in the amount of $16,049,937.00.
  • On 24 November 2009, KRI submitted a certified claim for $36,231,362.00.
  • The claim asserted seven alleged bases for breaches of contract and/or negative impacts to KRI’s contract performance by the government.
  • The claim document was comprised of 3,546 pages and did not include any delay/impact schedules or analyses.

Parties

Appellant
Kelly-Ryan, Inc.
Respondent Agency
U.S. Army Engineer District, Alaska
Contracting Agency
U.S. Army Corps of Engineers
Contract Number
Contract No. W911KB-05-C-0016
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