ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL 
  
 The parties each claim $940,274 in liquidated damages ostensibly withheld by the 
government and arising from this contract for the design and construction of a military 
compound in Afghanistan (see gov’t br. at 40; app. br. at 111, 117).  We have issued 
opinions in this and related appeals, and we assume familiarity with those opinions.  ECC 
Int’l Constructors, LLC, ASBCA No. 59643, 21-1 BCA ¶ 37,967 at 184,392; ECC Int’l 
Constructors, LLC, ASBCA No. 59586, 21-1 BCA ¶ 37,862, reconsideration denied,    
21-1 BCA ¶ 37,897; ECC Int’l Constructors, LLC, ASBCA No. 59138 et al., 19-1 BCA 
¶ 37,252; ECC Int’l Constructors, LLC, ASBCA No. 59138 et al., 19-1 BCA ¶ 37,281.  
 
 The government has the burden of proving that the Board possesses jurisdiction to 
entertain its claim for liquidated damages by demonstrating that the assessment of 
liquidated damages is memorialized in a timely final decision by a contracting officer.  
See ASFA Int’l Constr. Indus. & Trade, Inc., ASBCA No. 57880, 14-1 BCA ¶ 35,736 
at 174,909; Parsons Evergreene, LLC, ASBCA No. 57794, 12-2 BCA ¶ 35,092 
at 172,347.  The government does not demonstrate that a contracting officer has issued a 
final decision assessing liquidated damages (see gov’t br. at 2-3; gov’t reply at 1-3, 8, 29, 
31).  The government’s post-hearing reply brief references a January 18, 2014 contracting 
officer’s final decision (gov’t reply at 1 (citing R4, tab 2)), but that decision addresses 
Appeal of - )  
 )  
ECC International Constructors, LLC ) ASBCA No. 59586 
 )  
Under Contract No. W912ER-10-C-0054 )  
   
APPEARANCES FOR THE APPELLANT: R. Dale Holmes, Esq. 
Michael H. Payne, Esq. 
  Cohen Seglias Palla Greenhall & Furman PC 
  Philadelphia, PA 
     
APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. 
    Engineer Chief Trial Attorney 
 Sarah L. Hinkle, Esq. 
Geoffrey A. Mueller, Esq. 
Matthew Tilghman, Esq. 
Kathryn G. Morris, Esq. 
    Engineer Trial Attorneys 
    U.S. Army Engineers District, Middle East 
    Winchester, VA 

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appellant’s request for a time extension and more than $800,000; that decision does not 
assess liquidated damages against appellant (see R4, tab 2 at 1, 12; tab 67 at 1, 3; 70 at 1).  
Because the government does not satisfy its burden to establish our jurisdiction to 
entertain its claim to liquidated damages, that claim is dismissed for lack of jurisdiction.  
See ASFA, 14-1 BCA ¶ 35,736 at 174,910; Parsons Evergreene, 12-2 BCA ¶ 35,092 
at 172,347.  Consequently, what the government says is $940,274 in liquidated damages 
is actually, at least at this point, a contract balance presumably owed to appellant. 
 
 Accordingly, we see no liquidated damages issue to adjudicate on its merits, and 
dismiss appellant’s claim to liquidated damages, and its request for a 400-day extension 
of the contract completion date in support of that liquidated damages claim (see app. br. 
at 111-12), as moot, without prejudice.  See Combat Support Assoc., ASBCA 
Nos. 58945, 58946, 16-1 BCA ¶ 36,288 at 176,974.  In view of this and our other 
opinions related to this appeal, we find it unnecessary to address any of the parties’ 
remaining arguments.  See Kellogg Brown & Root Servs., Inc. v. Sec’y of the Army, 
973 F.3d 1366, 1370 (Fed. Cir. 2020); Lowder v. Dep’t of Homeland Security, 504 F.3d 
1378, 1383 (Fed. Cir. 2007). 
 
 Dated:  January 6, 2022 
 
 
 
 
 
 
 
 
 
 
 
 
TIMOTHY P. MCILMAIL 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
 
 
I concur 
 
RICHARD SHACKLEFORD 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
  
I concur 
 
 
 
 OWEN C. WILSON 
Vice Chairman 
Armed Services Board 
of Contract Appeals 
  


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 I certify that the foregoing is a true copy of the Opinion and Decision of the 
Armed Services Board of Contract Appeals in ASBCA No. 59586, Appeal of ECC 
International Constructors, LLC, rendered in conformance with the Board’s Charter. 
 
 Dated:  January 10, 2022 
 
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals