60451-EAJA

CKY, Inc.,

February 15, 2023Judge Taylor
Sustained / Appellant PrevailedEAJA / Attorney Fees

CKY, Inc. applied for attorney's fees under the Equal Access to Justice Act (EAJA) following a successful claim regarding undisclosed culverts in a construction contract dispute. The Board granted the application but reduced the requested amount.

Material Facts

  • CKY, Inc. was awarded a task order under a multiple award task order contract for civil works construction projects.
  • CKY encountered problems due to Mississippi River backflow and discharge from undisclosed culverts during construction.
  • CKY submitted a certified claim for $1,146,226, which was denied by the contracting officer.
  • The Board's decision on the merits denied CKY's claim for increased costs from floodwaters but sustained the claim for increased costs due to the undocumented culverts.
  • The parties settled the appeal for a principal amount of $185,000 and CDA interest of $28,530.93.

Parties

Appellant
CKY, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912P8-11-D-0007
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