62420

CBRE Heery, Inc.

September 15, 2021Judge Sweet
Denied / Government PrevailedLiquidated DamagesContract Changes / Constructive Changes

CBRE Heery, Inc. appealed a decision denying its claim for increased costs and remission of liquidated damages due to alleged government-caused delays in a construction contract. The Board upheld the government's position, denying the appeal.

Material Facts

  • The contract involved the design and construction of a replacement medical clinic at Seymour Johnson Air Force Base.
  • Heery did not complete the project on time, leading to the imposition of liquidated damages by the Army Corps of Engineers.
  • The contracting officer issued a final decision denying Heery's claim for increased costs and remission of liquidated damages.
  • The contract documents required that Room 1919 be a vault for the storage of controlled substances and comply with specific standards.
  • Heery's designs initially did not meet the Controlled Substances Vault Standards, leading to disputes over compliance.

Parties

Appellant
CBRE Heery, Inc.
Respondent Agency
U.S. Army Engineer District, Savannah
Contract Number
W9126G-08-D-0056
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