Kelly-Ryan, Inc.
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
Full Legal Analysis
Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.
Holding & Legal Reasoning
The Board's holding, background, and procedural posture for this decision.
Issues Presented
Every issue the Board decided, with its determination, reasoning, and supporting authority.
Quantum & Recovery
The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.
Verified Authorities & Citations
Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.
Practitioner Takeaways
Practical guidance for contractors and counsel, distilled from the Board's ruling.
Similar Cases
Related decisions surfaced by semantic search across the full analyzed corpus.
Citation Graph
An interactive graph of this case's cited authorities, judge, agency, and related decisions.
Related Decisions
Same Judge
- Kelly-Ryan, Inc.No. 57168December 5, 2017
- Optimum Services, Inc.No. 58755, 59952July 20, 2017
- Raytheon Company and Raytheon Missile SystemsNo. 61191, 61192, 61193June 6, 2017
- Raytheon CompanyNo. 58849May 2, 2017
- Swinerton Builders NorthwestNo. 57329April 24, 2017
- General Atomics Aeronautical Systems, Inc.No. 60002, 60003March 24, 2017
Same Year
- C.E.M.E.S. S.p.A.No. 56253, 57355December 29, 2010
- Shaw Environmental, Inc.No. 57237December 16, 2010
- Thorington Electrical and Construction CompanyNo. 56997December 13, 2010
- Phoenix Management, Inc.No. 57234December 13, 2010
- Parsons Global Services, Inc.No. 56731December 3, 2010
- Tefirom Insaat Enerji Sanayi ve Ticaret A.S.No. 56667November 29, 2010
Same Issue
- Scot Cardillo dba Engineers Tooling SupportNo. 61612September 22, 2026
- Wild Hare Haulers, LLCNo. 64596, 64597, 64598September 15, 2026
- Hensel Phelps Construction CompanyNo. 64327September 14, 2026
- Bahadir Construction Engineering Contracting & Trading Inc. Co. and Impreza Costruzioni Giuseppe Maltauro S.p. A Joint VentureNo. 64038, 64336, 64428September 9, 2026
- VAE, Inc.No. 64437, 64464, 64465September 9, 2026
- Dubai Pearl CompanyNo. 64444August 26, 2026