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Amatea/Grimberg JV

May 30, 2023Judge Prouty
Partially SustainedDelay / Disruption / SuspensionLiquidated DamagesContract Changes / Constructive ChangesSmall Business

The Amatea/Grimberg Joint Venture appealed several decisions regarding a design/build construction contract with the Navy, primarily concerning site conditions and project delays. The Board found that the Navy largely prevailed, but owed additional compensation for certain items.

Material Facts

  • The contract was a design/build contract awarded to AGJV for constructing a laboratory building.
  • The contract was awarded on September 30, 2009, for $10,574,419 with a completion date of March 31, 2011.
  • The contract included a liquidated damages clause for delays, set at $5,250 per day.
  • AGJV experienced significant site issues, including unsuitable soil conditions that were exacerbated by weather.
  • The Navy denied AGJV's requests for night and weekend work, which AGJV claimed contributed to delays.

Parties

Appellant
Amatea/Grimberg JV
Respondent Agency
United States Navy
Contract Number
Contract No. N40080-09-C-0171
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