Parsons Evergreene, L.L.C.

June 22, 2012Judge Clarke

DismissedLiquidated DamagesCDA Jurisdiction

Parsons Evergreene, L.L.C. appealed an alleged assessment of liquidated damages arising from delayed completion of a construction delivery order. The Board granted the government's motion and dismissed the appeal without prejudice for lack of CDA jurisdiction because the contracting officer's letter was not a final decision on a government claim.

Material Facts

The Air Force Materiel Command awarded master Contract No. FA8903-04-D-8703 on 12 December 2003.
Delivery Order 0013 was issued for design and construction of a temporary lodging facility and visiting quarters at McGuire AFB, NJ.
The delivery order established 27 December 2007 as the scheduled completion date.
The government issued a cure notice that included delays in the performance schedule among the identified deficiencies.
On 27 December 2007, the contracting officer stated that the temporary lodging facility was 82.1 percent complete and the visiting quarters were 73.4 percent complete.
The 27 December 2007 letter stated that liquidated damages would be assessed until final acceptance by the government.
The government took beneficial use of the facilities as of 11 September 2008, prior to completion and acceptance of the work.
Parsons did not submit a certified claim to the contracting officer before filing the appeal.

Parties

Appellant: Parsons Evergreene, L.L.C.
Respondent Agency: Air Force Materiel Command
Contracting Agency: Air Force Materiel Command
Contract Number: FA8903-04-D-8703

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