62957

Derian, Inc.

January 11, 2024Judge Taylor
Denied / Government PrevailedQuantum / DamagesLiquidated Damages

The ASBCA addressed the government's motion for partial reconsideration of its prior decision in favor of Derian, Inc., concerning contract price calculations and liquidated damages assessments.

Material Facts

  • The government requested the Board reconsider its inclusion of $13,156 for the foot valves in its calculation of the contract price.
  • The Board found that the amount the government determined Derian was entitled to for the foot valves should be included in the contract price.
  • The total amount paid to Derian under the contract was $2,044,870.41.
  • The Board determined that Derian is entitled to receive an additional payment of $114,776.30.
  • The government contended that the Board's decision denying its assessment of liquidated damages was incorrect.
  • The original contract completion date was January 19, 2020, but the government never established a new completion date after modifications.

Parties

Appellant
Derian, Inc.
Respondent Agency
U.S. Army Engineer District, Walla Walla
Contract Number
W912EF-19-C-0006
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