59586

ECC International Constructors, LLC

May 2, 2022Judge McIlmail
Partially SustainedLiquidated Damages

ECC International Constructors, LLC appealed a decision regarding liquidated damages related to a military compound construction contract in Afghanistan. The Board denied the government's motion for reconsideration in part and granted it in part.

Material Facts

  • The government claimed $940,274 in liquidated damages against ECC International Constructors, LLC (ECCI) for delays in completing a military compound in Afghanistan.
  • The Board previously dismissed the government's claim for lack of jurisdiction, concluding that the government did not demonstrate that a contracting officer had issued a final decision assessing liquidated damages.
  • The government had withheld $940,273.98 in liquidated damages for 402 days of delay.

Parties

Appellant
ECC International Constructors, LLC
Respondent Agency
U.S. Army Engineer District, Middle East
Contract Number
Contract No. W912ER-10-C-0054
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