Kellogg Brown & Root Services, Inc.

August 18, 2015Judge Scott

DismissedStatute of Limitations / TimelinessDCMA Involved

Kellogg Brown & Root Services, Inc. sought reconsideration of the Board's decision concerning the timeliness of the government's Contract Disputes Act statute-of-limitations claim. The Board denied KBR's motion seeking a ruling that reconsideration was timely and dismissed the reconsideration motion as untimely.

Material Facts

The Board issued the underlying decision on 13 May 2015.
The Board sent a copy of the decision to KBR's counsel of record by certified mail on 14 May 2015.
An employee of the delivery service retained by KBR's then counsel signed the certified receipt on 23 May 2015.
KBR's current counsel filed a notice of appearance on 17 June 2015, stating that current counsel were replacing prior counsel.
KBR filed its motion for reconsideration by email on 26 June 2015.
KBR's former counsel received an electronic copy of the decision from the Board on 27 May 2015.
KBR's former counsel apparently received a hard copy of the decision from its delivery service on 2 June 2015.
Houston experienced torrential rainfall and mass flooding from the evening of 25 May through 26 May 2015, and the former counsel's offices were closed on 26 May 2015.

Parties

Appellant: Kellogg Brown & Root Services, Inc.
Respondent Agency: Defense Contract Management Agency
Contract Number: DAAA09-02-D-0007

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