57358

Sundt Construction, Inc.

May 24, 2011Judge Grant
Denied / Government PrevailedLiquidated DamagesContract Interpretation

Sundt Construction, Inc. appealed the government's assessment of liquidated damages under a task order for construction services, which the Board upheld.

Material Facts

  • The government awarded a task order TG21 under Air Force Contract No. F41622-02-D-0001 in the amount of $18,435,341 to Sundt on 9 March 2004.
  • The task order required the demolition of certain military housing units and the construction of new housing units on Andrews Air Force Base, MD.
  • The task order contained the FAR 52.211-10 clause, requiring completion of the entire work by 27 MARO.
  • The task order also contained the FAR 52.211-12 clause, which specified liquidated damages for delays in completion.
  • Sundt did not complete any of the housing units required by the task order as of 28 February 2007.
  • The government assessed liquidated damages against Sundt for failing to meet the established task order completion date.

Parties

Appellant
Sundt Construction, Inc.
Respondent Agency
Department of the Air Force
Contract Number
F41622-02-D-0001
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