ASBCA 63287
Board: ASBCA
Agency: U.S. Army Corps of Engineers
Appellant: Firelake Diversified JV
Date: 2023-11-15
Outcome: sustained
ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of - )
)
Firelake Diversified JV ) ASBCA Nos. 63287, 63288, 63289
) 63496, 63497
)
Under Contract No. W912BV-17-D-0008 )
APPEARANCES FOR THE APPELLANT: Isaias Cy Alba, IV, Esq.
Joseph P. Loman, Esq.
Mark F. Rosenow, Esq.
PilieroMazza PLLC
Washington, DC
APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq.
Engineer Chief Trial Attorney
Bryan M. Harrington, Esq.
Louis N. Papaliodis, Esq.
Engineer Trial Attorneys
U.S. Army Engineer District, Tulsa
OPINION BY ADMINISTRATIVE JUDGE PAGE
The parties have resolved their dispute and request that the Board enter
judgment in favor of appellant.
It is the Board’s decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the
parties’ stipulation and agreement, that the appeal is sustained. In the nature of a
consent judgment, the Board makes a monetary award to appellant in the amount of
$667,000. Interest shall be paid on this amount pursuant to 41 U.S.C. § 7109 from
December 22, 2023, until date of payment.
Dated: November 15, 2023
REBA PAGE
Administrative Judge
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur I concur
RICHARD SHACKLEFORD OWEN C. WILSON
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 Nos. 63287, 63288, 63289,
63496, 63497, Appeal of Firelake Diversified JV, rendered in conformance with the
Board’s Charter.
Dated: November 16, 2023
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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