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Kalaeloa Ventures, LLC

December 16, 2019Judge Prouty
Denied / Government PrevailedContract Changes / Constructive ChangesDelay / Disruption / Suspension

Kalaeloa Ventures, LLC appealed against the Department of the Navy regarding delays in property transfers under a lease agreement. The Board denied both parties' motions for summary judgment due to factual disputes.

Material Facts

  • The Navy conveyed property in Hawaii to private parties as part of the Base Re-Alignment and Closure process.
  • Kalaeloa Ventures, LLC was assigned the lease for approximately 495 acres from Ford Island Ventures, LLC effective January 1, 2012.
  • Kalaeloa requested the transfer of certain parcels in October 2013, but the Navy did not transfer them by the requested date.
  • The Navy cited the need for new Environmental Condition of Property (ECP) assessments and historic preservation processes as reasons for the delays.
  • Kalaeloa submitted claims for damages due to the Navy's failure to timely convey property and for the designation of historic landmarks affecting its development.

Parties

Appellant
Kalaeloa Ventures, LLC
Respondent Agency
Department of the Navy
Contract Number
N62742-08-RP-0057
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