ECC International Constructors, LLC

Material Facts

• ECCI was awarded a contract in 2010 to design and build a military compound in Afghanistan.
• On May 2, 2014, ECCI submitted a claim for $3,767,856.32 for additional costs due to government directives.
• The government moved to dismiss nine out of 23 direct cost items for lack of subject-matter jurisdiction.
• The Board granted the government’s motion to dismiss for certain items but found that the government forfeited its right to challenge the sum-certain requirement for others.
• The parties agreed on amounts for specific work, totaling $54,584.

Parties

Appellant

ECC International Constructors, LLC

Respondent Agency

U.S. Army

Contracting Agency

U.S. Army Corps of Engineers

Contract Number

W912ER-10-C-0054