61517

Hensel Phelps Construction Co.

July 17, 2018Judge McIlmail
Denied / Government PrevailedContract InterpretationCDA Jurisdiction

Hensel Phelps Construction Co. appealed a contracting officer's final decision regarding alleged defects in construction work at a naval air station. The Board found it lacked jurisdiction over the monetary claim but would exercise jurisdiction for a declaratory judgment.

Material Facts

  • In 2011, the government contracted with Hensel Phelps Construction Co. for construction work at a naval air station.
  • The project included an aircraft parking apron and taxiway access.
  • In 2015, the government revoked its acceptance of parts of the work, citing defects.
  • On November 15, 2017, the contracting officer issued a final decision demanding replacement costs estimated at $2,900,000.
  • Appellant indicated it would perform repairs and claim costs through a request for equitable adjustment.
  • On February 6, 2018, appellant appealed the contracting officer's final decision, seeking a judgment that it fulfilled its obligations under the contract.

Parties

Appellant
Hensel Phelps Construction Co.
Contract Number
N40080-l 1-C-O 154
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