Superior Construction Company

Material Facts

• The government awarded Contract No. H92237-11-C-0701 to Superior Construction Company on May 11, 2011.
• SCC mobilized machinery and labor for the project but was informed that work could not begin due to another ongoing project.
• SCC and the government exchanged emails regarding compensation for mobilization costs from July 18, 2011, until September 23, 2011.
• SCC filed an appeal with the Board on August 8, 2017, but had not submitted a claim to the contracting officer prior to this.
• SCC submitted a claim for $40,900 on September 20, 2017, describing costs related to mobilization.
• The contracting officer issued a final decision denying the claim on December 28, 2017, based on the statute of limitations.
• The government filed a motion for summary judgment on June 4, 2018, asserting the claim was outside the six-year period.

Parties

Appellant

Superior Construction Company

Respondent Agency

Department of the Air Force

Contract Number

Contract No. H92237-11-C-0701