59074

Dyno Group, Inc.

April 11, 2014Judge Melnick
Denied / Government PrevailedLiquidated DamagesContract Interpretation

Dyno Group, Inc. appealed the denial of its claim challenging the assessment of liquidated damages for late completion of a contract with the United States Army Corps of Engineers. The Board denied the appeal.

Material Facts

  • Dyno Group, Inc. was awarded Contract No. W912P4-11-C-0016 on 22 September 2011.
  • The contract required completion of the work within 180 days from the Notice to Proceed, with additional time for options.
  • Dyno received the Notice to Proceed on 3 October 2011, establishing a completion date of 31 March 2012 for the base work.
  • The contracting officer assessed liquidated damages of $39,600 for 88 days of delay from 24 September 2012 until 21 December 2012.
  • Dyno's claims for extensions were based on various reasons, including unforeseen site conditions and delays from Hurricane Sandy.

Parties

Appellant
Dyno Group, Inc.
Respondent Agency
U.S. Army Engineer District, Buffalo
Contracting Agency
United States Army Corps of Engineers
Contract Number
W912P4-11-C-0016
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