55358

ADT Construction Group, Inc. by Timothy S. Cory, Chapter 7 Trustee

April 30, 2013Judge Shackleford
Denied / Government PrevailedContract InterpretationTermination for DefaultFailure to Prosecute / DismissalSmall Business

ADT Construction Group, Inc. appealed the termination of its contract for default by the government, asserting that the termination was unjustified due to government-caused delays and financial difficulties.

Material Facts

  • The contract was for the design and construction of a munitions maintenance facility.
  • The government terminated the contract for default due to ADT's failure to perform timely.
  • ADT had previously submitted claims related to delays and cost increases.
  • The government withheld liquidated damages totaling $106,758 due to delays.
  • ADT's financial condition deteriorated, leading to its inability to perform.

Parties

Appellant
ADT Construction Group, Inc. by Timothy S. Cory, Chapter 7 Trustee
Respondent Agency
U.S. Army Engineer District, Los Angeles
Contract Number
DACA09-03-C-0009
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