Appellant Cannot Use Excusable Delay to Defend Against Liquidated Damages Without First Submitting Claim for Time Extensions; ASBCA No. 61279, Appeal of OCCI Inc.

Appeal of the government’s assessment of liquidated damages related to the contractors’ failure to complete work by the contractual deadline is denied, where the appellant had not yet filed claims to the contracting officer seeking time extensions, and therefore was precluded from raising excusable delay issues in its appeal.