Delfasco LLC

• Court: Armed Services Board of Contract Appeals
• Decided: January 5, 2015
• Docket: ASBCA No. 59153
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of -- ) ) Delfasco LLC ) ASBCA No. 59153 ) Under Contract No. W52P1J-12-C-0034 )

APPEARANCES FOR THE APPELLANT: David S. Cohen, Esq John J. O'Brien, Esq. Gabriel E. Kennon, Esq. Cohen Mohr LLP Washington, DC

APPEARANCES FOR THE GOVERNMENT: Raymond M. Saunders, Esq. Army Chief Trial Attorney CPT Tyler L. Davidson, JA Trial Attorney

OPINION BY ADMINISTRATIVE JUDGE MCILMAIL ON THE GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT

The government contracted with appellant for "suspension lugs," which are a type of threaded hook that attach to bombs and are used to suspend the bombs from aircraft. The government terminated the contract for default, alleging that appellant missed a delivery date. Appellant appealed, and the government moves for summary judgment, requesting denial of the appeal.

The motion is denied. Summary judgment shall be granted ifthe movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter oflaw. FED. R. CIV. P. 56(a); Mingus Constructors, Inc. v. United States, 812 F.2d 1387, 1390 (Fed. Cir. 1987). Our review identifies at least one disputed issue for trial: whether the government's September 2013 inspection actions precluded timely delivery of suspension lugs that conformed to requirements of the contract.

Within 21 days of the date of this decision, the parties shall file a jointly-proposed schedule for further proceedings.

Dated: 5 January 2015

Administrative age Armed Services Board of Contract Appeals (Signatures continued) I concur 11\7( ~#= Administrative Judge RICHARD SHACKLEFORD 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. 59153, Appeal ofDelfasco LLC, rendered in conformance with the Board's Charter.

Dated:

JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals