McCarthy HITT - Next NGA West JV

Material Facts

• McCarthy-HITT was awarded a design-build contract by USACE for the NGA's Next NGA West Campus Project.
• The contract was a DO-C2 rated order certified for national defense.
• McCarthy-HITT entered into subcontracts with three subcontractors: icon Mechanical Construction and Engineering, Sachs Electric Company, and W. James Taylor, Inc.
• The subcontract prices were based on assumptions regarding material costs and normal working conditions.
• By March 20, 2020, McCarthy-HITT determined that the COVID-19 pandemic would significantly impact performance.
• McCarthy-HITT notified USACE of potential impacts and requested collaboration to manage delays.
• USACE failed to provide timely extensions or adjustments to the contract price.
• McCarthy-HITT submitted certified claims to USACE seeking equitable adjustments totaling $23,513,080.57, which were denied.

Parties

Appellant

McCarthy HITT - Next NGA West JV

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

Contract No. W912DQ-19-C-7001