Bahadir Construction Engineering Contracting & Trading Inc. Co. and Impreza Costruzioni Giuseppe Maltauro S.p.A Joint Venture

July 16, 2026Judge D'Alessandris

Sustained / Appellant PrevailedDelay / Disruption / SuspensionContract Changes / Constructive ChangesDefective SpecificationsQuantum / DamagesCDA Jurisdiction

Bahadir Construction Engineering Contracting & Trading Inc. Co. and Impreza Costruzioni Giuseppe Maltauro S.p.A. Joint Venture appealed claims for government-caused construction delay and associated prolongation costs. The Board denied the government's motion to dismiss, holding that the complaints stated sum-certain claims and did not assert new claims outside the contracting officer's jurisdiction.

Material Facts

The Army Corps of Engineers awarded BMJV a firm-fixed-price contract for construction at Al Udeid Air Base in Qatar on May 22, 2020.
The contract incorporated FAR 52.243-4, CHANGES (JUN 2007), and required a time impact analysis with each cost and time proposal for a proposed change.
BMJV alleged that government-provided designs were incomplete, contained discrepancies, and contradicted other contract and Conformance Award Set specifications.
BMJV alleged delay resulting from changes to door hardware, addition of the MX04 Hush House, and testing and commissioning requirements.
BMJV used prospective and retrospective window analyses to quantify alleged delay and identify driving delay events.
BMJV's first certified claim sought increased incurred and forecast costs allegedly caused by government delay.
BMJV's second claim sought additional indirect prolongation costs allegedly incurred due to government-caused delay.
BMJV's claims included supporting documentation, window analyses, and schedules allocating delay costs by window and delay event.
BMJV's first complaint asserted counts concerning defective door hardware specifications, Hush House changes, testing and commissioning, and breach of the duty of good faith and fair dealing.
BMJV's second complaint organized alleged delay events by requests for proposal or, where no request for proposal had issued, by request for information.
The four matters challenged as allegedly new claims were concrete walkways, walkway lighting, fuel truck unloading areas, and trench drainpipes.
BMJV referenced those four matters in its claim and associated schedules.

Parties

Appellant: Bahadir Construction Engineering Contracting & Trading Inc. Co. and Impreza Costruzioni Giuseppe Maltauro S.p.A. Joint Venture
Respondent Agency: The Army Corps of Engineers
Contracting Agency: Army Corps of Engineers
Contract Number: W912ER-20-C-0010

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