North Wind Construction Services, LLC

Material Facts

• The Army Corps of Engineers awarded North Wind Construction Services, LLC a contract for the design and construction of a seepage barrier.
• NWCS submitted a certified claim for $867,306.18 in costs related to a haul road on July 19, 2023.
• The contracting officer notified NWCS that the final decision would not be issued until February 15, 2024.
• NWCS submitted a notice of appeal on November 20, 2023, which was docketed as ASBCA No. 63761.
• On October 26, 2023, NWCS submitted a certified claim for $962,775.46 in extended general conditions costs.
• The contracting officer also notified NWCS that the final decision for this claim would not be issued before February 15, 2024.
• NWCS filed ASBCA No. 63760 less than 30 days after submitting its claim.

Parties

Appellant

North Wind Construction Services, LLC

Respondent Agency

Army Corps of Engineers

Contract Number

W91237-21-C-0003