6129261828

Ken Laster Company

July 18, 2019Judge Sweet
Sustained / Appellant PrevailedLiquidated DamagesCDA Jurisdiction

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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