American International Contractors, Inc.

Material Facts

• On 21 January 2014, the U.S. Army Corps of Engineers and American International Contractors, Inc. entered into a contract for a project at a price of $9,788,000.
• The contract required AICI to complete the HQ facility by 7 March 2015 and the FSU/FLS facility by 6 April 2015.
• The contract contained a liquidated damages clause providing for $2,447.00 per day for delays.
• AICI did not complete the original contract work on time, leading to the government withholding $159,055 in liquidated damages.
• AICI submitted an uncertified claim to the contracting officer seeking the return of the liquidated damages.
• The contracting officer issued a final decision rejecting AICI's main argument but ordered the release of $31,811 in liquidated damages.

Parties

Appellant

American International Contractors, Inc.

Respondent Agency

U.S. Army Engineer District, Middle East

Contract Number

W912ER-14-C-0002