Fidelity & Deposit Company of Maryland

Material Facts

• The USACE awarded an Indefinite Delivery/Indefinite Quantity Contract No. W912ER-11-D-0010 to ECC CENTCOM Constructors for design-build construction projects.
• On September 11, 2013, the USACE awarded ECC a fixed-price task order for the design and construction of transient enlisted quarters and an officer dining facility at the Naval Support Activity Bahrain.
• The government terminated ECC’s right to proceed with the contract work on April 19, 2016, for failing to meet construction progress schedules.
• F&D entered into a takeover agreement with the government to complete the remaining work under the contract.
• Vertex was selected as the completion contractor and was required to obtain an approved dig permit to complete the remaining site utility work.
• Vertex experienced delays in obtaining dig permits, which impacted the project completion date.
• F&D submitted a certified claim on March 25, 2021, asserting damages totaling $1,604,384.24 due to delays and changes.
• The contracting officer's final decision concluded that F&D failed to set forth a sum certain for each of the different delay claims.

Parties

Appellant

Fidelity & Deposit Company of Maryland

Respondent Agency

United States Army Corps of Engineers

Contract Number

Contract No. W912ER-11-D-0010-0006