BYA International, LLC

November 29, 2012Judge Wilson

Denied / Government PrevailedAccord & Satisfaction / Release / WaiverContract Interpretation

BYA International, LLC appealed the government's termination of its contract for default, arguing that the government waived the completion date. The Board denied the appellant's motion for partial summary judgment.

Material Facts

The U.S. Army Corps of Engineers awarded a firm-fixed-price contract to BYA International, LLC for the design and construction of facilities in Afghanistan.
The contract required performance to begin within 7 days of the Notice to Proceed and completion within 300 days.
The contract incorporated FAR clauses regarding default and payments under fixed-price construction contracts.
The contracting officer issued the Notice to Proceed on 9 July 2009, establishing a contract completion date of 7 September 2010.
BYA was notified multiple times about delays and deficiencies in its design submissions.
The contract was terminated for default on 8 March 2011 due to failures in meeting construction progress schedules and other contractual obligations.

Parties

Appellant: BYA International, LLC
Respondent Agency: U.S. Army Engineer District, Middle East
Contracting Agency: U.S. Army Corps of Engineers
Contract Number: W917PM-09-C-0052

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