60939-EAJA

Buck Town Contractors & Co.

October 2, 2020Judge D'Alessandris
Denied / Government PrevailedEAJA / Attorney Fees

Buck Town Contractors & Co. sought attorney fees under the Equal Access to Justice Act (EAJA) after a contract dispute with the government regarding levee reconstruction. The Board denied the application, finding the government's position substantially justified.

Material Facts

  • The United States Army Corps of Engineers awarded a contract to Buck Town to reconstruct a hurricane protection levee in St. Charles Parish, Louisiana.
  • Buck Town's subcontractor installed geotextile material in a manner that the government later objected to after significant work was completed.
  • Buck Town submitted a claim alleging entitlement to $2,996,746.62, which the government denied.
  • Buck Town prevailed on its first claim regarding the first levee reconstruction but withdrew its second claim and did not prevail on its third claim regarding economic waste.

Parties

Appellant
Buck Town Contractors & Co.
Respondent Agency
U.S. Army Engineer District, New Orleans
Contract Number
W912P8-09-D-0052
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