Senate Builders & Construction Managers, Inc.

July 23, 2010Judge Dickinson

OtherContract InterpretationAccord & Satisfaction / Release / Waiver

Senate Builders & Construction Managers, Inc. appealed for compensation for additional work and remission of liquidated damages under a task order contract with the Army. The Board granted the government's motion for partial summary judgment on certain claims while denying others.

Material Facts

Senate Builders & Construction Managers, Inc. was issued a task order by the United States Army to repair aircraft pavements.
The task order was for a lump sum price of $528,080 and required completion within 120 days.
Senate sought compensation for additional work and remission of liquidated damages assessed by the government.
The contract included clauses related to disputes, differing site conditions, and changes.
Senate's subcontractor recognized the possibility of repairs deeper than two inches and included contingency pricing in its bid.
The government assessed liquidated damages of $30,400.00 for delays in completion.

Parties

Appellant: Senate Builders & Construction Managers, Inc.
Respondent Agency: United States Army
Contracting Agency: Pennsylvania Air National Guard
Contract Number: W912KC-05-C-0003

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