CBCA 6178
Board: CBCA
Agency: Department of Housing and Urban Development
Appellant: BLM Companies, LLC
Date: 2021-04-05
Outcome: denied
DENIED: April 5, 2021
CBCA 6178, 6179, 6180, 6181, 6182, 6183, 6184
BLM COMPANIES, LLC,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Respondent.
Doug P. Hibshman and Nicholas T. Solosky of Fox Rothschild LLP, Washington, DC,
counsel for Appellant.
Jonathan E. English and Julie K. Cannatti, Office of General Counsel, Department of
Housing and Urban Development, Washington, DC, counsel for Respondent.
Before Board Judges VERGILIO, DRUMMOND, and O’ROURKE.
VERGILIO, Board Judge.
These appeals were stayed while similar cases were being resolved at this Board, then
on appeal at the Federal Circuit. The Court affirmed “the Board’s determination that the
contract terms unambiguously cover routine inspections through a monthly fee rather than
individual payments,” which resulted in the denial of those appeals. P.K. Management
Group, Inc. v. Secretary of Housing & Urban Development, 987 F.3d 1030, 1031 (Fed. Cir.
2021) (contract is unambiguous; plain meaning prevails). The contractor offers no basis to
distinguish these cases, in which it makes similar contract interpretation allegations. The
contractor has declined the opportunity to suggest a reason why these appeals should not be
CBCA 6178, 6179, 6180, 6181, 6182, 6183, 6184 2
denied, given the similarity of issues and the staying of these cases while the common issues
were resolved.
Decision
The Board DENIES these appeals.
Joseph A. Vergilio
JOSEPH A. VERGILIO
Board Judge
We concur:
Jerome M. Drummond Kathleen J. O’Rourke
JEROME M. DRUMMOND KATHLEEN J. O’ROURKE
Board Judge Board Judge