The contractor appealed when the agency said it needed up to six months to issue a final decision on the contractor’s claims. The agency said the appeal was premature. The ASBCA sided with the contractor. The agency had not sufficiently explained why it needed so much time to assess the claims.
Appeals of North Wind Construction Services, LLC, ASBCA Nos. 63641 et al.
- Delayed Final Decision – The contractor submitted two claims arising from a contract build a seepage barrier on a levee. The contracting officer said it would take up to six months to issue a final decision on the claims. The contractor appealed what it considered a deemed denial to the ASBCA.
- Motion to Dismiss – The government moved to dismiss, arguing the appeals were premature. The government noted that under the CDA, a decision on a claim exceeding $100,000 may be issued in a reasonable time. The government argued the six months was reasonable to give the contracting officer time to review the lengthy exhibits and consult with experts.
- Board Rejects Government’s Argument – The board found the government had not provided any evidence supporting the reasonableness of the delay. The government’s arguments were “fact free.” The board could not say the government’s delay was reasonable. The contractor had properly appealed from a deemed denial. The board had jurisdiction.
The contractor is represented by Dana W. Lang, Joshua A. Mullen, and Joshua R. Funderburke of Womble Bond Dickinson (US) LLP. The government is represented by Michael P. Goodman, Matt D. Coakley, Joshua J. McCarroll, and Jack D. Myers of the Army Corps of Engineers.
Case summary by Craig LaChance, Editor in Chief
ASBCA - North Wind