Shopping Cart (0) items Sign In

Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

‹ Prev article: 

Contractor Could Not Appeal Disputed Liquidated Damages

Friday, September 21, 2012 05:53 am


Liquidated Damages

Appeal of: Parsons Evergreene, LLC, 2012 ASBCA No. 57794 Lexis 57 (June 22, 2012)

The government's refusal to pay the balance due on a contract may constitute an appealable final decision on a government claim--if the balance in question is undisputed.

Parsons Evergreene, LLC (Parsons) was a design/build contractor on a project to construct a temporary lodging facility and visiting quarters at McGuire Air Force Base in New Jersey. By the scheduled completion date, Parsons had not yet completed the work. Going forward, the government assessed contractually allowed liquidated damages for the delay. Parsons appealed to the Armed Services Board of Contract Appeals. But the Board ruled in the government's favor, finding that the Board lacked jurisdiction under the Contract Disputes Act (CDA), 41 U.S.C. 7101-7109.

Under the CDA, the Board's jurisdiction is predicated on a written claim either by the contractor or the government. Here, the contractor had not su [...]

› Next article: 
Sign up now for Construction Claims Monthly Online! Your own virtual help desk of must-have techniques, tutorials, and how-to articles.
Join Now Construction Claims Monthly! Close

Dear Valued Customers,

We regret to announce that ProEdTech LLC and all its affiliate brands will cease operations on April 1, 2019.

We are no longer able to fulfill online orders. We will fullfill all DVD and book orders already placed.

Customers of canceled webinars and subscription products may request a refund at (800) 223-8720 or You must do so by April 1, 2019.

Thank you for your business and loyalty over the years. We sincerely apologize for any inconvenience caused.

Best regards,
The ProEdTech Team