J.R. Filanc Construction Company, Inc. ( 2021 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of - )
)
J. R. Filanc Construction Company, Inc. ) ASBCA Nos. 62580, 62581
) 62616, 62645
)
Under Contract No. N62473-17-C-3403 )
APPEARANCES FOR THE APPELLANT: Kelly A. Floyd, Esq.
Dustin R. Jones, Esq.
Finch, Thornton & Baird, LLP
San Diego, CA
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.
Navy Chief Trial Attorney
David M. Marquez, Esq.
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE HERZFELD
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 appeals are sustained. In the nature of a consent
judgment, the Board makes a monetary award to appellant in the amount of $2,045,138.
This amount is inclusive of costs and Contract Disputes Act interest. No further interest
shall be paid.
Dated: October 1, 2021
DANIEL S. HERZFELD
Administrative Judge
Armed Services Board
of Contract Appeals
(Signatures continued)
* The parties have also requested that these proceedings be stayed. There is no need to do
so when judgment has been entered. However, the parties’ obligation to identify
any redactions to our September 16, 2021 Order by October 1, 2021 remains in
effect.
I concur I concur
RICHARD SHACKLEFORD J. REID PROUTY
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. 62580, 62581, 62616,
62645, Appeals of J. R. Filanc Construction Company, Inc., rendered in conformance
with the Board’s Charter.
Dated: October 1, 2021
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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