Al Arrab Contracting Co. Ltd.

Material Facts

• Al Arrab Contracting Co. Ltd. was awarded a contract on 21 January 2006 for the construction of three school buildings in Riyadh, Saudi Arabia.
• The contract required completion of the buildings within 730 days by 4 February 2008.
• Construction was completed on or before 30 June 2012, with contract completion date extended to 31 August 2012 through ten bilateral modifications and two unilateral modifications.
• None of the bilateral modifications contained an express reservation by appellant of rights to file claims for delays.
• The modifications included price adjustments of limited scope, and the government assured the appellant that it would consider a future delay/impact claim.
• ACC submitted a total cost claim on 1 July 2012 seeking compensation for project delay costs.
• The contracting officer issued an initial final decision on the claim on 25 September 2012 and an amended final decision on 17 June 2013, both addressing the merits of ACC's claim.

Parties

Appellant

Al Arrab Contracting Co. Ltd.

Respondent Agency

Army

Contract Number

W90BRJ-06-C-0016