ECC International, LLC
The ASBCA denied the government's motion to dismiss ECC International, LLC's claims for breach of warranty of specifications, breach of duty of good faith and fair dealing, and breach of duty to disclose superior knowledge, but granted the motion to dismiss the claim of commercial impracticability.
Material Facts
- ECCI submitted a certified claim on June 15, 2015, related to a construction contract for a Military Police School and a Signal School at Camp Shaheen, Afghanistan.
- The contract was awarded on April 8, 2011, for $27,613,870.20 with a required completion within 365 days.
- USACE conducted a BCOE evaluation indicating the project was not constructable within the solicitation terms.
- ECCI claimed breach damages of $5,584,820 due to USACE's actions.
- ECCI's appeal was docketed on September 10, 2015, as ASBCA No. 60167.
Parties
- Appellant
- ECC International, LLC
- Respondent Agency
- United States Army Corps of Engineers
- Contract Number
- W912DQ-11-C-4009
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