This morning the Federal Circuit issued one nonprecedential opinion in a government contracts case. Here is the introduction to the opinion.
ECC International Constructors, LLC v. Secretary of the Army (Nonprecedential)
ECC International Construction, LLC (“ECC”), the holder of Contract No. W912ER-10-C-0054 (“contract”) awarded under Solicitation No. W912ER-10-R-0062 (“solicitation”) for the design and construction of a Special Operations Facility Joint Operations Center (“JOC”), appeals the decision of the Board of Contract Appeals (“Board”) granting summary judgment in favor of the Army and denying ECC entitlement to additional compensation for costs and delays incurred in meeting heightened “inside the wire” security procedures imposed by the operator of a nearby International Security Assistance Force military base (“Base”) after it expanded the perimeter of the Base to envelop the JOC construction site. See Appeals of ECC Int’l Constructors, LLC, ASBCA No. 59138, 19-1 BCA ¶ 37252, 2019 WL 495998 (Jan. 24, 2019). Because the Board correctly concluded that the change in security procedures was not a constructive change in the contract for which ECC is entitled to compensation, we affirm.