Kelly-Ryan, Inc.

Material Facts

• The contract was awarded to Kelly-Ryan, Inc. for harbor improvements at False Pass, Alaska.
• The contract included a Continuing Contract Clause that was later unilaterally modified to an Incremental Funding Clause.
• The contractor faced significant logistical challenges due to the remote location of the project.
• Funding limitations imposed by the Corps affected the contractor's ability to perform work as planned.
• The contractor's claims for equitable adjustments were based on the impacts of the funding changes.

Parties

Appellant

Kelly-Ryan, Inc.

Respondent Agency

U.S. Army Engineer District, Pacific Ocean

Contract Number

W911KB-05-C-0016