Certified Construction Company of Kentucky, LLC

Material Facts

• The Army awarded the requirements contract to Certified on 24 October 2005.
• The contract required work to be performed in accordance with technical specifications contained in the document identified as 'P.E. 3-05.'
• Certified submitted a request for equitable adjustment seeking $839,052.31 for additional incurred costs due to increased prices of liquid asphalt.
• The contracting officer denied Certified's REA, asserting that subparagraph 5.1 of the General Construction specifications excluded Section 109 of the KDOH Specifications.
• Certified converted its REA into a certified claim for $839,052.31 on 22 March 2013.
• The contracting officer issued a final decision denying Certified's claim in its entirety on 31 May 2013.
• The Board granted the government's partial motion to dismiss part of Certified's claim that accrued prior to 22 March 2007 for lack of jurisdiction.

Parties

Appellant

Certified Construction Company of Kentucky, LLC

Respondent Agency

Department of the Army

Contract Number

W9124D-06-D-0001