6094861166

American International Contractors, Inc.

October 29, 2018Judge O'Connell
Denied / Government PrevailedContract Interpretation

American International Contractors, Inc. (AICI) sought reconsideration of a prior ASBCA decision that denied its motion for summary judgment and partially granted the government's cross-motion. The Board denied the motion for reconsideration.

Material Facts

  • AICI moved for reconsideration of the Board's prior decision.
  • Modification No. POOO 11 added 232 days and $168,710 to perform four discrete items of work.
  • AICI contended that the government should return $159,055 in withheld liquidated damages.
  • It was undisputed that the modification's value and term came directly from AICI's proposal.
  • AICI refused to sign the modification, seeking an unspecified additional amount for oversight of the work.

Parties

Appellant
American International Contractors, Inc.
Respondent Agency
U.S. Army Engineer District, Middle East
Contract Number
W912ER-14-C-0002
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