CBCA 7359, 7360, 7361, 7362, 7363, 7364

JBG Smith Properties, LP

Apr 26, 2022Judge BeardsleyGENERAL SERVICES ADMINISTRATION
DecisionRuled on a motion

Key Facts

Appellant
JBG Smith Properties, LP
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Beardsley
Case number
CBCA 7359, 7360, 7361, 7362, 7363, 7364This cell names 6 dockets: 7359, 7360, 7361, 7362, 7363, 7364.
Decided
Apr 26, 2022The decision states Apr 26, 2022 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Arnold & Porter Kaye Scholer LLP
Outcome
Ruled on a motion
The motion is GRANTED.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Real property leases

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Stuart W. Turner and Amanda J. Sherwood
Arnold & Porter Kaye Scholer LLP
Washington, DC
For the respondent
James F. H. Scott and Jessica Gunzel
Office of General Counsel, General Services Administration
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision3 pages, 3,565 characters, read from the Board's own documentDecided Apr 26, 2022 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Contract Disputes Act1

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MOTION TO AMEND PLEADINGS GRANTED: April 26, 2022

CBCA 7359, 7360, 7361, 7362, 7363, 7364

JBG SMITH PROPERTIES, LP,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Stuart W. Turner and Amanda J. Sherwood of Arnold & Porter Kaye Scholer LLP,

Washington, DC, counsel for Appellant.

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.

James F. H. Scott and Jessica Gunzel, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges BEARDSLEY (Chair), VERGILIO, and DRUMMOND.

BEARDSLEY, Board Judge.

Appellant, JBG Smith Properties, LP (JBG Smith), moved to amend the pleadings in each of the above-referenced appeals to substitute the leasehold entity’s name for its own. Respondent, the General Services Administration (GSA), does not object to this motion. The Board grants the motion and substitutes the leasehold entity’s name for JBG Smith’s in each of the six appeals.

Background

JBG Smith filed six appeals, each involving a contracting officer’s final decision (COFD) interpreting the provisions of a lease. JBG Smith asserts that although it is either the successor-in-interest or the parent company to each of the named entities on the subject leases, and the use of its name was “meant to represent [JBG Smith’s] identity as the ultimate common owner of the leases in these appeals,” the correct name for the appellant in each appeal is the name on each lease. JBG Smith moves to substitute the leasehold entities’ names for JBG Smith’s in each appeal. The name of each leasehold entity and the corresponding appeal is:

CBCA 7359: CESC Mall, LLC

CBCA 7360: BNA Washington Inc.

CBCA 7361: CESC Crystal / Rosslyn II, L.L.C.

CBCA 7362: CESC Square LLC

CBCA 7363: Fourth Crystal Park Associates LP CBCA 7364: CESC Gateway Square L.L.C.

Discussion

In the past, we have allowed the substitution of an appellant mistakenly named in the appeal when such action will not prejudice the agency. [Eastco Building Services v. General Services Administration, CBCA 5272, 17-1 BCA ¶ 36,670]; Triad Realty Trust, GSBCA 10568, 92-1 BCA ¶ 24,413. An agency is not prejudiced by the substitution of an appellant mistakenly named in the appeal when the agency receives “full and timely notice of the appeal.” Triad Realty. Full and timely notice of appeal is given when the notice of appeal informs the agency of the contract in question and the COFD from which the appeal is taken, by author and date; a copy of the COFD is attached to the notice of appeal; and notice is given within the [Contract Disputes Act’s] ninety-day filing requirement. Id.

Alares LLC v. Department of Veterans Affairs, CBCA 6149, et al., 21-1 BCA ¶ 37,906. GSA received full and timely notice of each of the appeals. In each claim and the contracting officer’s corresponding final decision, the lease at issue was correctly identified by contract number. Each COFD also identified the lessor by name. Each of the six claims and COFDs was attached to the notice of appeal. The notice of appeal was filed within ninety days of the leasehold entity’s receipt of the COFD, and JBG Smith has yet to file a complaint in these appeals. Substituting the leasehold entities’ names for JBG Smith’s in each appeal at this time will not prejudice GSA.

JBG Smith filed one notice of appeal appealing all six COFDs.

Decision

The motion is GRANTED. Appellant’s name, “JBG Smith Properties, LP,” will be replaced with the name of the leasehold entity in each appeal.

Erica S. Beardsley

Board Judge

We concur:

Joseph A. Vergilio

Board Judge

Jerome M. Drummond

Board Judge

This is a verbatim capture of the text layer of the Board's own document in JBG Smith Properties, LP, CBCA 7359, 7360, 7361, 7362, 7363, 7364. 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.

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