57880

ASFA International Construction Industry and Trade, Inc.

September 2, 2014Judge Melnick
Partially SustainedAccord & Satisfaction / Release / WaiverStatute of Limitations / TimelinessFailure to Prosecute / Dismissal

ASFA International Construction Industry and Trade, Inc. appealed a contracting officer's decision assessing liquidated damages for late completion of construction at Incirlik Air Base. The Board denied ASFA's motion for summary judgment, ruling that the government's claim for liquidated damages for one facility was time-barred.

Material Facts

  • The contract was awarded to ASFA on 11 May 2005 for construction of three environmental facilities at Incirlik Air Base.
  • The contract included FAR clauses related to disputes, payments, and liquidated damages.
  • ASFA failed to complete construction of the storage and pesticide facilities by the contract completion dates.
  • The government assessed liquidated damages based on delays in completion of the facilities.
  • The contracting officer's final decision on 23 November 2011 assessed liquidated damages totaling $279,309.69.

Parties

Appellant
ASFA International Construction Industry and Trade, Inc.
Respondent Agency
Department of the Air Force
Contract Number
FA5685-05-C-0004
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