6151861961

Watts Constructors, LLC

June 24, 2019Judge Melnick
Partially SustainedDelay / Disruption / SuspensionAuthority of Government Agents

Watts Constructors, LLC appealed the government's termination for default of a construction contract at Fort Carson, Colorado. The Board denied some of Watts' claims while sustaining others related to breach of good faith and fair dealing.

Material Facts

  • The contract was awarded to Watts for the design and construction of buildings on Fort Carson on July 17, 2014.
  • Watts failed to complete performance by the contract completion date of November 22, 2016.
  • The government assessed and withheld liquidated damages from Watts for the period December 22, 2016 through April 30, 2017.
  • The parties modified the contract on July 13, 2017, establishing December 21, 2017 as the new completion date.
  • Watts did not complete the project by the final extended completion date of December 21, 2017.
  • The contracting officer terminated the contract for default on January 30, 2018.
  • Watts submitted a certified delay claim to the contracting officer after the government moved for summary judgment.

Parties

Appellant
Watts Constructors, LLC
Respondent Agency
U.S. Army Engineers District, Omaha
Contract Number
W9128F-14-C-0024
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