A4 Construction Company, Inc.

Material Facts

• USACE awarded Contract No. W9128F-19-C-0016 to A4 for the design and construction of a facility.
• The contract was terminated for default on January 14, 2022, due to A4's alleged failure to complete the project.
• A4 submitted an equitable adjustment claim on June 22, 2022, which included various requests for money and delay.
• A4's claim included requests for increased costs due to COVID-19 impacts and other issues.
• The contracting officer issued a final decision on October 28, 2022, denying A4's claims.
• A4 appealed the final decision, asserting a total amount in dispute of $5,557,937.74.

Parties

Appellant

A4 Construction Company, Inc.

Respondent Agency

United States Army Corps of Engineers

Contract Number

Contract No. W9128F-19-C-0016