DENIED: April 27, 2021
CBCA 6174
ALPINE COMPANIES, INC.,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Respondent.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Doug P. Hibshman and Nicholas T. Solosky of Fox Rothschild LLP, Washington, DC, counsel for Appellant.
Jonathan English and Julie Cannatti, Office of General Counsel, Department of Housing and Urban Development, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS (Chair), SHERIDAN, and RUSSELL.
RUSSELL, Board Judge.
In this appeal, Alpine Companies, Inc. (Alpine) seeks damages arising out of the Department of Housing and Urban Development’s (HUD) decision denying Alpine’s claim for payment for certain property inspections performed by Alpine under a HUD Field Services Management 3.10 contract. This appeal was stayed while similar cases were being resolved at this Board, and on appeal at the United States Court of Appeals for the Federal Circuit. In P.K. Management Group, Inc. v. Secretary of Housing & Urban Development, 987 F.3d 1030 (Fed. Cir. 2021), the Circuit affirmed “the Board’s determination that the contract terms unambiguously cover routine inspections through a monthly fee rather than individual payments,” which resulted in the denial of the appeal. Id. at 1031; see also Purdy Enterprise, LLC v. Department of Housing & Urban Development, CBCA 6128, et al.
(Mar. 15, 2021). Appellant offered no basis to distinguish this case, in which it makes similar contract interpretation allegations regarding payments due. Appellant has declined the opportunity to suggest a reason why this appeal should not be denied, given the similarity of issues and the staying of this case while the common issues were resolved.
Decision
We DENY the appeal.
Beverly M. Russell
Board Judge
We concur:
Jeri Kaylene Somers
Board Judge
Patricia J. Sheridan
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Alpine Companies, Inc., CBCA 6174. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.