56306

Weis Builders, Inc.

February 17, 2010Judge Tunks
Denied / Government PrevailedLiquidated DamagesContract Interpretation

Weis Builders, Inc. appealed the government's assessment of liquidated damages totaling $1,294,765 under an indefinite delivery, indefinite quantity contract for military housing construction. The Board denied both parties' motions for summary judgment.

Material Facts

  • The government assessed $1,294,765 in liquidated damages against Weis Builders, Inc. for delays in completing construction tasks.
  • Weis Builders, Inc. completed Task Order No. 0001 282 days late and accrued 27,352 days of late turnover.
  • The government accepted an additional construction offer from Weis in exchange for extending the contract completion date.
  • Weis submitted a claim for the return of the liquidated damages, which the Contracting Officer denied.

Parties

Appellant
Weis Builders, Inc.
Respondent Agency
U.S. Army Engineer District, Omaha
Contract Number
Contract No. DACA45-03-D-0006
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