Stormwater Plans, LLC dba SWP Contracting & Paving

Material Facts

• USACE awarded Contract No. W912QR-17-C-0048 to SWP for the repair of Aircraft Maintenance Unit, Facility 5251 at Davis-Monthan Air Force Base.
• SWP submitted a certified claim to USACE’s CO on June 1, 2023, seeking an equitable adjustment of $6,669,603.53 and a time extension of 771 days.
• The CO issued a final decision denying SWP’s claim in its entirety and asserted an affirmative claim against SWP for $1,237,095 in liquidated damages.
• SWP's complaint alleged that the dimensions provided by USACE for the existing PEMB footing were defective and resulted in increased costs and delays.

Parties

Appellant

Stormwater Plans, LLC dba SWP Contracting & Paving

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

Contract No. W912QR-17-C-0048