611846211962980

KiewitPhelps

June 25, 2026Judge Prouty
Denied / Government PrevailedAccord & Satisfaction / Release / Waiver

The Armed Services Board of Contract Appeals denied a joint motion for consent judgment submitted by KiewitPhelps and the U.S. Army Corps of Engineers, which sought to prevent the publication of a decision regarding a delay and disruption claim.

Material Facts

  • The contract was awarded to KiewitPhelps for the construction of a 916,000 square foot command facility.
  • The appeals involved a mold claim, a delay and disruption claim, and a commissioning claim.
  • The Board issued a decision on the mold claim on December 30, 2022, finding entitlement for KiewitPhelps.
  • The decision on the delay and disruption claim was issued on May 4, 2026, but not published due to a protective order.
  • The joint motion for consent judgment was submitted on May 19, 2026, seeking to prevent the publication of the decision.

Parties

Appellant
KiewitPhelps
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W9128F-12-C-0023
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