6138961487

KOO Construction, Inc.

July 26, 2018Judge McNulty
Denied / Government PrevailedDefective Specifications

KOO Construction, Inc. appealed a decision regarding a defective specification claim under Contract No. N62473-09-D-I655. The Board denied the government's motion to dismiss the claim.

Material Facts

  • KOO Construction was awarded Task Order 0004 under a multiple awardee, multi-year indefinite-delivery/indefinite-quantity contract for the design and construction of a Child Development Center at the Murphy Canyon Naval Base in San Diego, California.
  • KOO submitted a certified claim seeking additional compensation for differing site conditions, defects in the specifications, additional work, and delays, all alleged to be the responsibility of the government.
  • The claim narrative was 15 pages long and included five separate claim items.
  • The claim totaled $2,356,314, and KOO sought remission of liquidated damages assessed by the government in the amount of $1,017,929.
  • The contracting officer denied KOO's claim in a decision dated 9 August 2017, finding entitlement in the amount of $2,808.

Parties

Appellant
KOO Construction, Inc.
Contract Number
N62473-09-D-I655
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