DENIED: April 5, 2021
CBCA 6178, 6179, 6180, 6181, 6182, 6183, 6184
BLM COMPANIES, LLC,
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 E. English and Julie K. Cannatti, Office of General Counsel, Department of Housing and Urban Development, Washington, DC, counsel for Respondent.
Before Board Judges VERGILIO, DRUMMOND, and O’ROURKE.
VERGILIO, Board Judge.
These appeals were stayed while similar cases were being resolved at this Board, then on appeal at the Federal Circuit. The Court 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 those appeals. P.K. Management Group, Inc. v. Secretary of Housing & Urban Development, 987 F.3d 1030, 1031 (Fed. Cir. 2021) (contract is unambiguous; plain meaning prevails). The contractor offers no basis to distinguish these cases, in which it makes similar contract interpretation allegations. The contractor has declined the opportunity to suggest a reason why these appeals should not be denied, given the similarity of issues and the staying of these cases while the common issues were resolved.
Decision
The Board DENIES these appeals.
Joseph A. Vergilio
Board Judge
We concur:
Jerome M. Drummond
Board Judge
Kathleen J. O’Rourke
Board Judge
This is a verbatim capture of the text layer of the Board's own document in BLM Companies, LLC, CBCA 6178, 6179, 6180, 6181, 6182, 6183, 6184. 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.