63561

Gideon Contracting, LLC

May 12, 2025Judge Melnick
Partially SustainedDelay / Disruption / SuspensionLiquidated Damages

Gideon Contracting, LLC appealed a decision regarding two suspensions of work by the Army Corps of Engineers related to a dam repair task order, seeking compensation for delays while the government sought liquidated damages for late completion. The Board ruled in favor of Gideon on the issue of compensation but sustained the government's waiver of liquidated damages.

Material Facts

  • Gideon Contracting, LLC was contracted by the Army Corps of Engineers to repair a dam under a task order.
  • The task order included a firm-fixed price of $996,990 and a performance period of 180 days.
  • The government issued two suspensions of work due to water releases necessary for flood control.
  • Gideon submitted a Request for Equitable Adjustment claiming 144 days of excusable delay.
  • The CO's final decision acknowledged Gideon was entitled to a 144-day extension but denied compensation.

Parties

Appellant
Gideon Contracting, LLC
Respondent Agency
U.S. Army Engineer District, Tulsa
Contract Number
W912BV-20-D-0041
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