59127

Creek Services, LLC

July 1, 2014Judge Tunks
DismissedCDA JurisdictionAccord & Satisfaction / Release / Waiver

Creek Services, LLC appealed the contracting officer's final decision denying its claim for additional seeding and liquidated damages under Contract No. W912P8-09-D-0045. The Board granted the government's motion to dismiss for lack of jurisdiction due to untimeliness.

Material Facts

  • The Corps awarded Multiple Award Task Order Contract No. W912P8-09-D-0045 to Creek Services on 14 May 2009.
  • Task Order No. 0003 was awarded to Creek on 25 September 2009 for flood protection improvements.
  • Creek submitted a request for equitable adjustment (REA) to the contracting officer on 3 January 2012.
  • The contracting officer issued a final decision denying the claim for reseeding on 27 August 2013.
  • Creek filed an appeal with the Board on 10 January 2014, almost five months after receiving the final decision.

Parties

Appellant
Creek Services, LLC
Respondent Agency
U.S. Army Engineer District, New Orleans
Contract Number
W912P8-09-D-0045
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Judge

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.