Ken Laster Company

Material Facts

• The government awarded the 1013 Contract to Timco Blasting and Coatings, which was later modified to correct the awardee to Laster.
• The 1013 Contract incorporated FAR Clause 52.211-12, requiring Laster to pay liquidated damages for failure to complete work on time.
• Task Order No. 0003 required work to be completed 158 calendar days after Laster received the notice to proceed.
• Laster received the notice to proceed on or about March 11, 2010, with an original completion date of August 16, 2010.
• The parties extended the due date to May 22, 2011, but Laster substantially completed work on March 5, 2012, 289 days late.
• The government assessed $91,035 in liquidated damages due to the completion date being 289 days late.

Parties

Appellant

Ken Laster Company

Respondent Agency

U.S. Army Engineer District, Tulsa

Contract Number

W912BV-09-D-1013