60164

HK&S Construction Holding Corp.

March 25, 2016Judge McIlmail
Sustained / Appellant PrevailedCDA JurisdictionStatute of Limitations / Timeliness

HK&S Construction Holding Corp. appealed the government's termination for default of its contract, claiming the appeal was timely. The Board found the appeal was timely and denied the government's motion to dismiss for lack of jurisdiction.

Material Facts

  • The parties entered into the contract in September 2014 for HK&S to perform repairs to a jetty at Block Island, Rhode Island.
  • On 5 June 2015, the contracting officer terminated the contract for default.
  • HK&S received the hard copy of the notice of termination for default on 8 June 2015.
  • HK&S filed its appeal on 4 September 2015, 91 days after 5 June 2015, but only 88 days after 8 June 2015.

Parties

Appellant
HK&S Construction Holding Corp.
Respondent Agency
U.S. Army Engineer District, New England
Contract Number
W912WJ-14-C-0020
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