Pro-Built Construction Firm
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
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
- Bahadir Construction Engineering Contracting & Trading Inc. Co. and Impreza Costruzioni Giuseppe Maltauro S.p. A Joint VentureNo. 64038, 64336, 64428September 9, 2026
- Elbit Systems of America-Night Vision, LLCNo. 64450August 11, 2026
- Globe Trailer Manufacturing, Inc.No. 60979-EAJAJuly 30, 2026
- Bahadir Construction Engineering Contracting & Trading Inc. Co. and Impreza Costruzioni Giuseppe Maltauro S.p.A Joint VentureNo. 64038, 64336, 64428July 16, 2026
- Filanc-Orion, JVNo. 63730, 6388, 63928, 63979July 1, 2026
- IVA'AL Solutions, LLCNo. 63430June 4, 2026
Same Year
- AT&T Corp.No. 61868December 21, 2018
- Gilbane Federal Joint VentureNo. 61590December 21, 2018
- WIT Associates, Inc.No. 61547December 19, 2018
- Avis Industries, Inc.No. 61609December 19, 2018
- Tetra Tech Tesoro, Inc.No. 61209, 61210, 61211, 61212 61213, 61214December 19, 2018
- J.F. Brennan Co., Inc.No. 60737December 19, 2018
Same Issue
- Globe Trailer Manufacturing, Inc.No. 60979-EAJAJuly 30, 2026
- NES Pacific Limited Liability Co.No. 63710-EAJAJune 16, 2026
- Gideon Contracting, LLCNo. 63561-EAJAMarch 30, 2026
- CB Portable Toilet Rental and ServicesNo. 63449-EAJAMarch 10, 2026
- Michael M. Tsontos, S.A.No. 63595-EAJAJuly 11, 2025
- CKY, INC.No. 60451-EAJAJune 20, 2025