KEAR Civil Corporation

Material Facts

• The Navy awarded KCC a firm fixed-price construction contract on September 30, 2016, in the amount of $2,097,060.
• The contract included the conversion of four underground storage tanks to above ground storage tanks and the modification of one above-ground tank.
• The contract provided for completion within 380 days with liquidated damages of $1,264 per day for late completion.
• The contract was terminated for default on December 19, 2018, due to KCC's failure to complete the project on time and various safety violations.
• KCC submitted a claim for 533 days of delay and $1,134,215 on February 22, 2019, which was denied by the contracting officer.
• KCC filed timely appeals that were docketed as No. 62003 and No. 62118.
• Modification No. 07 was issued on March 25, 2021, adding 301 days and $419,262.58 to the contract.

Parties

Appellant

KEAR Civil Corporation

Respondent Agency

Navy

Contract Number

N62473-15-D-2421