62936

JE Dunn Construction Co.

April 25, 2022Judge Shackleford
Denied / Government PrevailedContract Changes / Constructive Changes

JE Dunn Construction Co. appealed a decision regarding a contract with the US Army Corps of Engineers, claiming damages due to COVID-19-related quarantine requirements. The Board denied the appeal, citing the sovereign acts doctrine.

Material Facts

  • JE Dunn was awarded Contract No. W9127S-17-D-6003 for design-build construction work.
  • USACE imposed a 14-day quarantine requirement for personnel arriving from over 350 miles away due to COVID-19.
  • JE Dunn submitted a request for equitable adjustment (REA) for $47,737 due to quarantine-related costs.
  • USACE denied the REA, stating the Default Clause governed and allowed only for time extensions, not monetary compensation.
  • JE Dunn later submitted a claim for $67,626 for expenses related to the quarantine of four employees, which was also denied by USACE.

Parties

Appellant
JE Dunn Construction Co.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W9127S-17-D-6003
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