Lake Charles Xxv, LLC v. United States

Contract Disputes Act; Excusable delay; Notice of delay; Waiver; No-waiver clause; Bad Faith

BRUGGINK, Judge.

OPINION

This is a breach of contract case brought pursuant to the Contract Disputes Act (“CDA”), 41 U.S.C. §§ 7101-7109 (2012). The case concerns a contract to design, build, and then lease to the government an office building in Louisiana. Plaintiff is appealing the Contracting Officer’s (“CO”) decision to terminate the contract for default. Defendant counterclaimed, asking the court to award it reprocurement costs and liquidated damages for the delay in project completion. Defendant…