Phylway Construction, LLC

Material Facts

• Phylway Construction, LLC was awarded two contracts by the US Army Corps of Engineers for work related to Hurricane Ida.
• The Woodpark Contract was awarded on July 10, 2020, for $51,702,210, and the Happy Jack Contract was awarded on February 13, 2019, for $48,654,095.
• Both contracts included the FAR 52.236-7 Permits and Responsibilities clause and a Damage to Work clause.
• Hurricane Ida caused flooding and debris deposition at both contract sites.
• USACE compensated Phylway for some work necessitated by the hurricane but refused to pay for debris removal.
• Phylway submitted claims for debris removal costs, which were denied by the Contracting Officers.

Parties

Appellant

Phylway Construction, LLC

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W912P8-20-C-0032