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64037

Bryan Ashush JV

October 1, 2025Judge Sweet
Partially SustainedTermination for Convenience

Bryan Ashush JV appealed the deemed denial of its claim to be excused from performing a contract with the U.S. Army Corps of Engineers, leading to a partial grant and denial of the government's motion to dismiss.

Material Facts

  • The Corps awarded BAJV Contract No. W912GB-23-C-0005 for construction on August 2, 2023.
  • An administrative notice to proceed was issued on September 12, 2023.
  • A war began on October 7, 2023, leading to a suspension of work order on November 7, 2023.
  • The Corps lifted the suspension on January 17, 2024, but did not issue the construction notice to proceed until June 5, 2024.
  • BAJV filed a claim on August 1, 2024, alleging material breach and impracticability due to the delayed notice to proceed.

Parties

Appellant
Bryan Ashush JV
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912GB-23-C-0005
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