M.E.S., Inc.

Material Facts

• The contract was awarded to M.E.S., Inc. at a firm fixed-price of $10,272,000 for the design and construction of a physical fitness center.
• M.E.S. received the notice to proceed on 14 November 2001, with a required completion date of 4 November 2003.
• The government delayed the start of work for 23 days after the notice to proceed.
• The total delay in substantial completion of the contract was 345 days.
• M.E.S. claimed various equitable price adjustments due to government delays and changes.

Parties

Appellant

M.E.S., Inc.

Respondent Agency

U.S. Army Engineer District, New York

Contract Number

DACA51-01-C-0039