56956

Joint Venture Makyal Ins. Ve Tic. A.S. & Mehmet Erdal Kamisli Co. Ltd.

December 28, 2011Judge Tunks
OtherDelay / Disruption / Suspension

Joint Venture Makyal Ins. Ve Tic. A.S. & Mehmet Erdal Kamisli Co. Ltd. appealed for an equitable adjustment and extension of the completion date due to delays in the issuance of a construction notice and an import ban. The Board denied both parties' motions for summary judgment, citing disputed material facts.

Material Facts

  • The contract was awarded on 28 February 2006 for the replacement of family housing at the United States Air Base in Incirlik, Turkey.
  • The appellant claimed delays due to the government's failure to issue the Construction Notice to Proceed-Part 2 in a timely manner.
  • An import ban was imposed by the Turkish Air Force, which the appellant argued adversely affected construction activities.
  • The appellant filed a certified CDA claim on 8 July 2008, seeking an equitable adjustment of $3,950,309 and a 136-day extension of the contract completion date.

Parties

Appellant
Joint Venture Makyal Ins. Ve Tic. A.S. & Mehmet Erdal Kamisli Co. Ltd.
Respondent Agency
U.S. Army Engineer District, Europe
Contract Number
W912GB-06-C-0014
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