Hensel Phelps Construction Company

Material Facts

• USACE awarded Hensel Phelps a contract to construct the Bureau of Engraving and Printing Western Currency Facility Expansion Project in Fort Worth, Texas.
• The Contract divided the Project into ten Contract Line Item Numbers with separate completion dates and pricing.
• The claim attributed project delays to a seriously deficient and inadequate government-provided design and identified more than 2,200 requests for information and 198 requests for proposals.
• The claim alleged that deficient electrical and mechanical designs and incremental modifications affected multiple CLINs and prevented independent completion of the CLINs.
• The contracting officer acknowledged 190 days of government-caused delay but deemed the days non-compensable because of concurrent delays and issued a time-only modification.
• The claim used a critical-path window analysis addressing the entire project and asserted that the analysis accounted for potential concurrent delays.
• The claim included pass-through claims by six subcontractors, three of which sought delay damages.
• The contracting officer denied the claim in its entirety except for 25 days of compensable time and one differing-site condition claim.

Parties

Appellant

Hensel Phelps Construction Company

Respondent Agency

United States Army Corps of Engineers

Contracting Agency

United States Army Corps of Engineers

Contract Number

W9126G-18-C-0061