62957-EAJA

Derian, Inc.

August 26, 2024Judge Taylor
Denied / Government PrevailedEAJA / Attorney Fees

Derian, Inc. sought attorney's fees under the Equal Access to Justice Act (EAJA) following a contract dispute with the government. The Board denied the application, finding the government's position was substantially justified.

Material Facts

  • Derian, Inc. was awarded a contract by the United States Army Corps of Engineers to construct oil water separator systems and install new turbine pit sump pumps.
  • The government partially terminated the contract for convenience, removing the requirement to install remaining pumps.
  • Derian submitted a certified claim asserting a Request for Equitable Adjustment (REA) listing actions that created contract changes and delays.
  • The government issued a COFD finding merit or partial merit to four of the 11 REA claims and asserting a claim for liquidated damages.
  • The Board denied three of Derian’s equitable adjustment claims but partially granted its claim for increased costs due to a change in pump plate requirements.

Parties

Appellant
Derian, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912EF-19-C-0006
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