Environmental Safety Consultants, Inc.

Armed Services Board of Contract Appeals

Environmental Safety Consultants, Inc.

CourtArmed Services Board of Contract Appeals

DecidedJanuary 23, 2014

DocketASBCA No. 58847

StatusPublished

This text of Environmental Safety Consultants, Inc. (Environmental Safety Consultants, Inc.) is published on Counsel Stack Legal Research, covering Armed Services Board of Contract Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Environmental Safety Consultants, Inc., (asbca 2014).

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Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of-- ) ) Environmental Safety Consultants, Inc. ) ASBCA No. 58847 ) Under Contract No. N62470-95-C-2399 )

APPEARANCE FOR THE APPELLANT: Mr. Peter C. Nwogu President

APPEARANCES FOR THE GOVERNMENT: Ronald J. Borro, Esq. Navy Chief Trial Attorney Ellen M. Evans, Esq. Senior Trial Attorney

OPINION BY ADMINISTRATIVE JUDGE FREEMAN ON THE GOVERNMENT'S MOTION TO DISMISS

On 24 August 2013, Environmental Safety Consultants, Inc. (ESCI) filed a notice of appeal from the deemed denial of its claim submitted to the contracting officer on 20 June 2013 (ex. A to notice of appeal), for payment of its Invoice No. 7 in the amount of$138,506.50 for work allegedly performed under the captioned contract. This same invoice was a claim before the Board in Environmental Safety Consultants, Inc., ASBCA No. 56415, 07-1 BCA ~ 33,483 at 165,984. In that appeal, we found the claim for payment of the invoice time barred under the Contract Disputes Act and dismissed the appeal for lack of jurisdiction. 07-1 BCA ~ 33,483 at 165,984, 165,986. The government has moved first for a dismissal for lack of jurisdiction, asserting the claim is time barred under the Contract Disputes Act. Alternatively, the government moves to dismiss the appeal on principles of res judicata. The claim for payment of Invoice No. 7 was time barred then. It is time barred now. We do not reach the government's alternative argument.

The appeal is dismissed for lack of jurisdiction.

Dated: 23 January 2014

MONROE E. FREEMAN, JR. Administrative Judge Armed Services Board of Contract Appeals (Signatures continued) I concur I concur

RICHARD SHACKLEFORD Administrative Judge Administrative Judge Acting Chairman Acting 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. 58847, Appeal of Environmental Safety Consultants, Inc., rendered in conformance with the Board's Charter.

Dated:

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

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ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of-- ) ) Environmental Safety Consultants, Inc. ) ASBCA No. 58847 ) Under Contract No. N62470-95-C-2399 )

APPEARANCE FOR THE APPELLANT: Mr. Peter C. Nwogu President

APPEARANCES FOR THE GOVERNMENT: Ronald J. Borro, Esq. Navy Chief Trial Attorney Ellen M. Evans, Esq. Senior Trial Attorney

OPINION BY ADMINISTRATIVE JUDGE FREEMAN ON THE GOVERNMENT'S MOTION TO DISMISS

On 24 August 2013, Environmental Safety Consultants, Inc. (ESCI) filed a notice of appeal from the deemed denial of its claim submitted to the contracting officer on 20 June 2013 (ex. A to notice of appeal), for payment of its Invoice No. 7 in the amount of$138,506.50 for work allegedly performed under the captioned contract. This same invoice was a claim before the Board in Environmental Safety Consultants, Inc., ASBCA No. 56415, 07-1 BCA ~ 33,483 at 165,984. In that appeal, we found the claim for payment of the invoice time barred under the Contract Disputes Act and dismissed the appeal for lack of jurisdiction. 07-1 BCA ~ 33,483 at 165,984, 165,986. The government has moved first for a dismissal for lack of jurisdiction, asserting the claim is time barred under the Contract Disputes Act. Alternatively, the government moves to dismiss the appeal on principles of res judicata. The claim for payment of Invoice No. 7 was time barred then. It is time barred now. We do not reach the government's alternative argument.

The appeal is dismissed for lack of jurisdiction.

Dated: 23 January 2014

MONROE E. FREEMAN, JR. Administrative Judge Armed Services Board of Contract Appeals (Signatures continued) I concur I concur

RICHARD SHACKLEFORD Administrative Judge Administrative Judge Acting Chairman Acting 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. 58847, Appeal of Environmental Safety Consultants, Inc., rendered in conformance with the Board's Charter.

Dated:

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

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