CBCA 4452

GRANTED IN PART: April 22, 2016 CBCA 4452 RODRIGUEZ CONSTRUCTION LLC, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Manuel Rodriguez, Principal of Rodriguez Construction LLC, Denver, CO, appearing for Appellant. Leigh Ann Bunetta, Office of Regional Counsel, General Services Administration, Denver, CO, counsel for Respondent. Before Board Judges VERGILIO, KULLBERG, and WALTERS. VERGILIO, Board Judge. On January 16, 2015, the Board received from Rodriguez Construction LLC (contractor) a notice of appeal arising under its contract with the General Services Administration (agency) under which the contractor performed work on a retention pond at the Denver Federal Center in Colorado. The contractor disputes a contracting officer’s denial of its claim to recover $42,859.31 (for what the contractor deems to be an increase due for work deleted from the contract, $4179.80; additional work, $10,510.95; and completed, but unpaid work, $28,168.56), as well as the agency’s reduction in the contract price for deleted work ($13,445.51) and the agency’s assessment of liquidated damages ($18,740.86). In its complaint, the contractor contends it is owed $47,704.51, which is the sum of $37,193.56 (the unpaid contract balance) and $10,510.95 (for alleged additional work). CBCA 4452 2 The Board concludes that (1) for work deleted from the contract, the contractor is not entitled to a contract price increase; instead the contract price should be reduced by $14,561.86; (2) the agency did not alter requirements for swale or security grates, such that the contractor is not entitled to additional payment; (3) the contractor is liable for $3433.44 in liquidated damages under the contract for delayed substantial completion; and (4) the contractor is entitled to the unpaid balance on the contract price, $37,193.56, reduced for the deleted work and liquidated damages. Accordingly, the Board grants in part the appeal. The contractor is to recover $19,198.26, with statutory interest to run from August 14, 2014, the date on which the contractor identified a sum certain for its claim to the contracting officer. Findings of Fact The Contract 1. Under the contract, GS-08P-13-JA-P-0043, the contractor was to renovate detention pond three at the Denver Federal Center, Lakewood, Colorado. Exhibit 4 at 1-3 (all exhibits are in the appeal file, with those submitted by the contractor having a prefix of “C-” before the number). The contractor was obligated to provide all services and materials necessary for the proper execution of the work under the contract for the fixed, lump sum price of $87,100. Exhibit 4 at 3, 6. 2. The scope of work required the contractor to perform various tasks including demolition, improvements, construction, erosion control, grading, and providing drawings in AutoCAD format. The contractor was to construct a conventional drain swale as prescribed in contract drawings and contract documents. While the contract referenced drawing details for both a conventional swale and an infiltration swale, the agency did not opt for the infiltration swale; that is, the contract required the contractor to construct a conventional swale. Exhibits 4 at 57 & 336-39, 49. The original planned schedule of work identified the conventional (not infiltration) drain swale as a task to be performed. Exhibit C-1 at 2 (item 16). 3.