59586

ECC International Constructors, LLC

April 18, 2025Judge McIlmail
Denied / Government PrevailedDelay / Disruption / SuspensionLiquidated Damages

ECC International Constructors, LLC appealed to the ASBCA regarding government-caused project delays and liquidated damages under a contract for constructing a military compound in Afghanistan. The Board denied the appeal, finding the appellant's delay analysis not credible.

Material Facts

  • The contract was awarded on September 29, 2010, for $29,186,338 to design and construct a military compound in Afghanistan.
  • ECCI was to complete the work within 548 days of the notice to proceed, with a revised completion date of March 13, 2013.
  • The government approved ECCI's 95% design on August 23, 2011, but disapproved the 100% design on December 16, 2011, requiring multiple resubmissions.
  • The government finally approved the 100% communications design on March 14, 2013.
  • ECCI substantially completed the project on April 19, 2014, 402 days after the revised completion date.
  • ECCI claimed $9,035,587 and the return of 400 days of withheld liquidated damages due to alleged government-caused delays.

Parties

Appellant
ECC International Constructors, LLC
Respondent Agency
U.S. Army Engineer District, Middle East
Contract Number
W912ER-10-C-0054
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