HK&S Construction Holding Corp.

Material Facts

• The government contracted with HK&S Construction for repairs to a breakwater in September 2014.
• The contract required completion of the work by March 31, 2015.
• The government issued a 'show cause' letter on March 13, 2015, due to HK&S's failure to perform on time.
• HK&S requested a delay due to bad weather and indicated it could not complete the work until May 30, 2015.
• A bilateral contract modification extended the performance period to May 1, 2015.
• The government terminated the contract for default on June 5, 2015, after the work remained incomplete.

Parties

Appellant

HK&S Construction Holding Corp.

Respondent Agency

U.S. Army Engineer District, New England

Contract Number

W912WJ-14-C-0020