62175

BES Construction, LLC

November 9, 2021Judge McIlmail
Partially SustainedContract Changes / Constructive ChangesDelay / Disruption / Suspension

BES Construction, LLC sought additional compensation for delays and changes related to a visitor center construction contract. The Board awarded a small amount for an electrical scope change but denied the remainder of the claims.

Material Facts

  • BES Construction, LLC contracted to construct a visitor center at a military base in Goose Creek, South Carolina.
  • The contract provided for a Notice to Proceed to be issued within 45 days of award and completion within 270 calendar days.
  • A bid protest was received on October 2, 2012, leading to a suspension of work until the protest was resolved on December 6, 2012.
  • Modification No. P0001 extended the period of performance by 70 days due to the award protest and included a 20-day extension for extreme inclement weather.
  • BES incurred actual costs of $1,867 for a change order related to electrical work.
  • BES submitted a certified claim for $623,205.34, which included requests for compensation for delays due to weather and government shutdown.

Parties

Appellant
BES Construction, LLC
Contract Number
FA4418-12-C-0023
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