58517

The R.R. Gregory Corporation

February 6, 2014Judge James
DismissedAccord & Satisfaction / Release / WaiverCDA JurisdictionStatute of Limitations / TimelinessDCAA Involved

The R.R. Gregory Corporation appealed a decision regarding the withholding of liquidated damages under Contract No. DACA31-00-C-0037. The Board dismissed the appeal for lack of jurisdiction due to the claim being filed beyond the statutory time limit.

Material Facts

  • The U.S. Army Corps of Engineers awarded Contract No. DACA31-00-C-0037 to The R.R. Gregory Corporation for $6,998,000 on 30 September 2000.
  • The contract included clauses regarding disputes and liquidated damages.
  • The contracting officer issued a notice to proceed on 13 November 2000, establishing a completion date of 12 November 2001.
  • The final contract completion date was extended to 15 May 2003.
  • The government withheld liquidated damages starting from 1 December 2002 due to lack of progress.
  • The appellant disputed the withheld liquidated damages in letters dated 18 February 2003 and 13 June 2003.
  • The appellant submitted a certified claim for $143,115 in liquidated damages on 24 August 2012.
  • The appellant appealed to the Board on 24 January 2013, claiming a deemed denial of its 24 August 2012 claim.

Parties

Appellant
The R.R. Gregory Corporation
Respondent Agency
U.S. Army Engineer District, Baltimore
Contract Number
DACA31-00-C-0037
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