Lean Construction and Engineering Co.

May 18, 2016Judge Paul

Denied / Government PrevailedTermination for Default

Lean Construction and Engineering Co. appealed a contracting officer's decision partially terminating its construction contract for default. The Board denied the appeal, affirming the termination was justified due to Lean's failure to complete the work as required.

Material Facts

Lean was awarded Contract No. W56SGK-13-C-7073 for construction work in Afghanistan.
The contract was for specified construction work to augment force protection measures at an Afghan National Army Logistics depot.
The contract completion date was initially set for 90 days after the notice to proceed, which was issued on 21 April 2013.
Lean's workers faced access issues, leading to extensions of the completion date to 5 September 2013.
The contracting officer issued multiple letters of concern regarding Lean's performance and deficiencies.
A site inspection on 29 September 2013 revealed that Lean had only completed 73.96 percent of the project.
The contracting officer terminated the contract for default due to Lean's failure to complete the work and rectify deficiencies.

Parties

Appellant: Lean Construction and Engineering Co.
Respondent Agency: Department of the Army
Contract Number: W56SGK-13-C-7073

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