Ken Laster Company
Ken Laster Company appealed the government's withholding of liquidated damages under Contract No. W912BV-09-D-1013, asserting that the delays were not their fault. The Board denied the government's motion to dismiss, affirming jurisdiction over the appeal.
Material Facts
- The government and appellant entered into Contract No. W912BV-09-D-1013 on September 19, 2009.
- The project was completed on March 5, 2012, after delays.
- The government withheld a total of $91,035 as liquidated damages from various payments.
- Appellant submitted an Original Claim for $91,035 on April 4, 2017, disputing the assessment of liquidated damages.
- The contracting officer issued a final decision denying the Original Claim on June 2, 2017.
- Appellant filed a notice of appeal on August 29, 2017, docketed as ASBCA No. 61292.
- Appellant submitted a Clarifying Claim on May 11, 2018, which was also denied.
- The Board consolidated ASBCA No. 61828 with ASBCA No. 61292 on October 9, 2018.
Parties
- Appellant
- Ken Laster Company
- Respondent Agency
- U.S. Army Engineer District, Tulsa
- Contract Number
- Contract No. W912BV-09-D-1013
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