62395

Sauer Incorporated

March 2, 2022Judge Stinson
Denied / Government PrevailedLiquidated Damages

The ASBCA denied the government's motion for reconsideration regarding the assessment of liquidated damages against Sauer Incorporated. The Board found that the government's assessment of liquidated damages was unenforceable after substantial completion of Phases I and II of the Task Order.

Material Facts

  • Sauer Incorporated appealed the denial of its claim challenging the government's assessment of liquidated damages.
  • The Task Order involved three phases, with Phases I and II substantially completed.
  • The government assessed liquidated damages despite substantial completion of the first two phases.
  • The Board previously granted partial summary judgment in favor of Sauer.

Parties

Appellant
Sauer Incorporated
Respondent Agency
U.S. Army Engineer District, Savannah
Contract Number
W91278-07-D-0030
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