CBCA 6178

Board: CBCA Agency: Department of Housing and Urban Development Appellant: BLM Companies, LLC Date: 2021-04-05 Outcome: denied
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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