62395

Sauer Incorporated

March 2, 2022Judge Stinson
Partially SustainedLiquidated DamagesCDA Jurisdiction

Sauer Incorporated appealed the government's claim for liquidated damages, seeking to file affirmative defenses regarding the reasonableness and enforceability of the liquidated damages rate. The Board granted some defenses while denying others based on jurisdictional grounds.

Material Facts

  • Sauer Inc. filed a motion for leave to file affirmative defenses against the government's claim for liquidated damages.
  • The government assessed liquidated damages despite Sauer's substantial completion of Phases I and II of the Task Order.
  • The contracting officer issued a decision denying Sauer's claim challenging the assessment of liquidated damages.

Parties

Appellant
Sauer Incorporated
Respondent Agency
U.S. Army Engineer District, Savannah
Contract Number
Contract No. W91278-07-D-0030
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