ASBCA 59878

ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of-- ) ) Laguna Construction Company, Inc. ) ASBCA No. 59108 ) Under Contract No. FA8903-06-D-85 l 5 ) APPEARANCE FOR THE APPELLANT: Michael F. Menicucci, Esq. Calvert & Menicucci Albuquerque, NM APPEARANCES FOR THE GOVERNMENT: Lt Col James H. Kennedy III, USAF Air Force Chief Trial Attorney Maj Michael G. King, USAF Capt Adam N. Olsen, USAF Trial Attorneys OPINION BY ADMINISTRATIVE JUDGE DELMAN ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT The parties have filed cross-motions for partial summary judgment in this appeal. We have jurisdiction under the Contract Disputes Act, 41 U.S.C. §§ 7101-7109. This appeal involves the government's revocation of acceptance of the contract work - the construction of a taxiway at Randolph Air Force Base, Texas - due to pavement cracking in the taxiway (Failure I), and also involves the damages flowing to the parties resulting from the re-work, including damages arising from pavement cracking in the work that was re-performed (Failure II). Our review of the record reveals a number of disputed material facts, including, but not limited to the following: 1. The cause of taxiway pavement cracking in Failure I; 2. The scope of Failure I, and whether the government's direction to appellant to re-perform all the work was supported by the failures observed and the contract; 3. The cause of taxiway pavement cracking in Failure II. It is well settled that in order to obtain summary judgment a party must show that there are no material factual disputes of record, and it is entitled to judgment as a matter oflaw. Mingus Constructors, Inc. v. United States, 812 F.2d 1387, 1390 (Fed. Cir. 1987). Neither party has met its burden here.  CONCLUSION The parties' cross-motions for partial summary judgment are denied. Dated: 17 March 2015 Administrative Judge Armed Services Board of Contract Appeals I concur I concur ~~ s~ER / MARK N. RICHARD SHACKLEFORD Administrative Judge Administrative Judge Acting Chairman Vice Chairman Armed Services Board Armed Services Board of Contract Appeals of Contract Appeals 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. 59108, Appeal of Laguna Construction Company, Inc., rendered in conformance with the Board's Charter. Dated: JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals 2