61782

M.J. Hughes Construction, Inc.

January 7, 2019Judge Clarke
Denied / Government PrevailedQuantum / DamagesCDA Jurisdiction

M.J. Hughes Construction, Inc. appealed a motion to dismiss for lack of jurisdiction regarding its claim under Contract No. W9128F-14-C-0072. The Board denied the government's motion, affirming jurisdiction over the claim.

Material Facts

  • M.J. Hughes Construction submitted a certified claim related to U.S. Army Corps of Engineers Contract W9128F-14-C-0072 for spillway channel wall replacement and slab repairs at the Fort Peck Dam, Montana.
  • MJH demanded $2,000,887.00 and an additional 345 days schedule extension.
  • The claim was presented in three parts: Part I - Delay Impacts, Part 2 - Additional Perimeter Demolition and Cold Weather Impacts, and Part 3 - Liquidated Damages and Fees for REA Preparation and Negotiation Counsel.
  • MJH acknowledged that the COE had already paid $7,329.81 and granted 194 days extension that would be credited against any time and cost award it might receive.

Parties

Appellant
M.J. Hughes Construction, Inc.
Respondent Agency
U.S. Army Engineer District, Omaha
Contract Number
W9128F-14-C-0072
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