61279

OCCI, Inc.

May 29, 2018Judge Shackleford
Denied / Government PrevailedLiquidated Damages

OCCI, Inc. appealed the assessment of liquidated damages under a contract with the U.S. Army Corps of Engineers for the construction of a bulkhead. The Board denied the appeal, affirming the government's claim for liquidated damages.

Material Facts

  • OCCI was awarded Contract No. W912BV-11-C-0016 for the construction of a bulkhead.
  • The contract required completion within 347 calendar days after receipt of Notice to Proceed.
  • Liquidated damages were assessed at $988.00 per day for delays.
  • The contract was completed on 26 October 2012, 71 days after the required completion date.
  • OCCI submitted a Request for Equitable Adjustment (REA) for seal welds and stability issues, which were denied.
  • The contracting officer issued a final decision assessing liquidated damages for 71 days at $988 per day for a total of $70,148.

Parties

Appellant
OCCI, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912BV-11-C-0016
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