Group III Mgt., Inc.

March 2, 2026Judge Laufgraben

Denied / Government PrevailedDelay / Disruption / SuspensionAccord & Satisfaction / Release / Waiver

Group III Management, Inc. appealed a decision regarding compensable delay under a USACE contract for construction work, seeking an extension of the completion date and recovery of costs. The Board denied the government's motions to dismiss and for summary judgment.

Material Facts

USACE awarded Contract No. W912HN21C3008 to Group III for construction work at Seymour Johnson Air Force Base.
The contract was for a firm-fixed price of $4,883,000 and required completion within 365 days.
USACE issued a notice to proceed on December 8, 2021, setting a completion date of December 8, 2022.
Group III submitted a proposal for drainage-revision work on September 1, 2022, anticipating a 115-day time extension.
Modification No. P00003 was executed on February 22, 2023, increasing the contract price by $515,693 and extending the completion date by 115 days.
USACE assessed $63,252 in liquidated damages against Group III for late completion.
Group III submitted a request for equitable adjustment seeking $96,703 and an 84-day time extension.
USACE denied the REA, stating previous modifications included appropriate time and costs.

Parties

Appellant: Group III Mgt., Inc.
Respondent Agency: U.S. Army Engineer District, Savannah
Contract Number: W912HN21C3008

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