JE Dunn Construction Company

December 13, 2023Judge McIlmail

Denied / Government PrevailedQuantum / DamagesCDA Jurisdiction

JE Dunn Construction Company appealed a government motion to dismiss for lack of jurisdiction regarding its claim for damages and a time extension related to a contract for HVAC replacement. The Board denied the government's motion, affirming its jurisdiction over the appeal.

Material Facts

JE Dunn filed this appeal on January 27, 2022, concerning a contract for HVAC replacement at the Guthrie Clinic at Fort Drum, New York.
JE Dunn sought damages totaling $949,054.00 and a 57-calendar day compensable time extension.
The government alleged that JE Dunn did not present separate sums certain for the three components of its claim.
The Board scheduled a four-day hearing of the appeal, commencing on February 28, 2023.
The government filed a motion for summary judgment and stay of proceedings on February 7, 2023.
The Board heard the merits of the appeal from February 28 through March 3, 2023.
The government requested to convert its motion to one for failure to state a claim upon which relief can be granted on October 6, 2023.

Parties

Appellant: JE Dunn Construction Company
Respondent Agency: U.S. Army Engineer District, Jacksonville
Contract Number: W9127S-17-D-6003

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