Korte-Fusco Joint Venture

November 5, 2015Judge O'Connell

Denied / Government PrevailedDelay / Disruption / SuspensionAccord & Satisfaction / Release / Waiver

Korte-Fusco Joint Venture appealed a delay claim against the U.S. Army Corps of Engineers regarding a construction project. The Board denied the government's motion for summary judgment, finding ambiguity in a modification related to the claim.

Material Facts

On 31 August 2011, a contracting officer executed a contract with Korte-Fusco Joint Venture for a construction project.
Due to a bid protest, the notice to proceed was issued on 29 November 2011.
Korte-Fusco Joint Venture entered into a subcontract with NCI-CT, Inc. for work on 16 May 2012.
The Corps did not approve the retaining walls until 9 July 2013, more than 13 months after the initial submittal.
On 21 August 2013, a 'Red Zone' meeting was held to discuss the closeout process.
On 13 September 2013, Korte-Fusco Joint Venture and the contracting officer executed bilateral Modification No. A00004, extending the time for contract completion by 72 days.
On 12 May 2014, Korte-Fusco Joint Venture submitted a certified claim seeking $1,971,209.19 and a 389-day time extension.

Parties

Appellant: Korte-Fusco Joint Venture
Respondent Agency: U.S. Army Corps of Engineers
Contracting Agency: U.S. Army Engineer District, Louisville
Contract Number: W912QR-11-C-0037

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