Firelake Diversified JV

• Court: Armed Services Board of Contract Appeals
• Decided: November 15, 2023
• Docket: 63287, 63288, 63289, 63496, 63497
• Status: Published

Opinion

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