59278

Pro-Built Construction Firm

February 13, 2018Judge D'Alessandris
Denied / Government PrevailedEAJA / Attorney FeesDCAA InvolvedSmall Business

Pro-Built Construction Firm applied for attorney fees under the Equal Access to Justice Act (EAJA) following a contract dispute with the U.S. Army Corps of Engineers. The Board denied the application, finding the government's position was substantially justified.

Material Facts

  • The Board awarded Pro-Built $289,736.47, plus Contract Disputes Act (CDA) interest from the date of Pro-Built's claim.
  • The appeal involved a task order issued by the Corps for construction of a police station in Afghanistan, which was terminated for convenience due to negative security conditions.
  • Pro-Built submitted a termination settlement proposal and a certified claim seeking payment of pre-performance costs of approximately $1.1 million.
  • The contracting officer issued a settlement by determination in the amount of $48,972, finding the costs unreasonable pursuant to FAR 31.201-2.
  • Pro-Built presented a revised damages calculation in the amount of $816,273 before the Board.

Parties

Appellant
Pro-Built Construction Firm
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W5J9JE-I0-D-0016
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