Dick Pacific Construction Co., Ltd.

Material Facts

• The contract was awarded to Dick Pacific Construction Co., Ltd. on 21 February 2007.
• The work involved the extension of existing airfield pavement and construction of a Clear Water Rinse Facility at Hickam Air Force Base.
• The Notice to Proceed was issued on 13 March 2007.
• The contract included provisions for liquidated damages at a rate of $2,298.00 per day for delays.
• The COE delayed the approval of the airfield waiver, which impacted the start of construction.
• DPC encountered unsuitable soils that required removal and replacement.
• The COE directed changes to the fire hydrants, which caused delays in the project.

Parties

Appellant

Dick Pacific Construction Co., Ltd.

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W9128A-07-C-0004