5940259601

GSC Construction, Inc.

November 24, 2020Judge O'Connell
Denied / Government PrevailedTermination for DefaultDelay / Disruption / Suspension

GSC Construction, Inc. appealed the default termination of its contract by the U.S. Army Corps of Engineers, claiming entitlement to time extensions and damages. The Board denied the appeals, affirming the termination was justified.

Material Facts

  • The contract was a multiple award task order contract for construction awarded on September 15, 2011.
  • GSC was required to complete the project within 495 days of the notice to proceed, by February 3, 2014.
  • GSC did not complete the work by the contract completion date.
  • The contracting officer issued a show cause notice on January 16, 2014, stating GSC was 145 days behind schedule.
  • GSC's president responded, claiming various delays totaling 156 days were not GSC's fault.
  • The contracting officer terminated the contract for default on June 20, 2014, due to GSC's failure to meet the completion date and lack of satisfactory progress.
  • GSC claimed entitlement to 321 days of excusable delays and $328,293.82 in damages.
  • The Board found that GSC was responsible for many of the delays it claimed.

Parties

Appellant
GSC Construction, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W9126G-11-D-0061
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.