59586

ECC International Constructors, LLC

January 2, 2024Judge McIlmail
Denied / Government PrevailedCDA Jurisdiction

The ASBCA addressed the government's motion to dismiss ECC International Constructors, LLC's appeal regarding the sufficiency of a monetary claim. The Board concluded that the government forfeited its right to challenge the claim's sum-certain requirement.

Material Facts

  • ECCI submitted its claim to the contracting officer in February 2014.
  • ECCI appealed the deemed denial of its claim to the Board in October 2014.
  • The government challenged a minor portion of ECCI’s claim on jurisdictional grounds in December 2016.
  • The government did not raise its general challenge to the sufficiency of ECCI’s sum certain until six years after the claim was submitted.
  • The government waited until after a nine-day hearing on the merits in June 2020 to challenge jurisdiction.

Parties

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