CBCA 8567-C(7547)

Crystal Clear Maintenance

Sep 26, 2025Judge SullivanGENERAL SERVICES ADMINISTRATION
DecisionGranted in part

Key Facts

Appellant
Crystal Clear Maintenance
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Sullivan
Case number
CBCA 8567-C(7547)
Decided
Sep 26, 2025The decision states Sep 26, 2025 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Pillsbury Winthrop Shaw Pittman, LLP
Outcome
Granted in part
We GRANT IN PART CCM's EAJA application in the amount of $68,262.50.
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

EAJA and feesCosts and quantum

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Appearances

For the appellant
Marques O. Peterson and Mary E. Buxton and Dinesh C. Dharmadasa
Pillsbury Winthrop Shaw Pittman, LLP
Los Angeles, CA
For the respondent
Justin S. Hawkins
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, 4,666 characters, read from the Board's own documentDecided Sep 26, 2025 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

3 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Contract Disputes Act1
Equal Access to Justice Act2

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Cases cited

1 case this decision cites, in the order it first names it. 1 of them opens at a publisher.

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GRANTED IN PART: September 26, 2025

CBCA 8567-C(7547)

CRYSTAL CLEAR MAINTENANCE,

Applicant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Marques O. Peterson, Mary E. Buxton, and Dinesh C. Dharmadasa of Pillsbury

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.

Winthrop Shaw Pittman, LLP, Los Angeles, CA, counsel for Applicant.

Justin S. Hawkins, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

Before Board Judges BEARDSLEY (Chair), SULLIVAN, and CHADWICK.

SULLIVAN, Board Judge.

Pending before the Board is an application by Crystal Clear Maintenance (CCM), filed on August 21, 2025, for $68,687.50 in attorney fees pursuant to the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504 (2018).

Discussion

On March 24, 2025, the Board issued a decision in Crystal Clear Maintenance v. General Services Administration, CBCA 7547, 25-1 BCA ¶ 38,776, granting CCM’s appeal and denying the claim by the General Services Administration (GSA) for costs GSA incurred to repair damages from flooding in a building maintained by CCM. GSA did not appeal that decision within the 120 days permitted, and the decision became final on July 22, 2025. See 41 U.S.C. § 7107(a)(1). CCM timely filed its EAJA application within thirty days of the decision becoming final. 5 U.S.C. § 504(a)(2).

Entitlement. CCM established that it had a net worth of less than $7,000,000 and fewer than 500 employees when the appeal was filed. See 5 U.S.C. § 504(b)(1)(B). CCM also was the prevailing party in the appeal because the Board denied GSA’s claim for costs, the only issue in the litigation. Systems Management & Research Technologies Corp. v. Department of Energy, CBCA 5437-C(4068), 16-1 BCA ¶ 36,482, at 177,749. CCM also alleged that GSA’s position was not substantially justified. See Davis v. Nicholson, 475 F.3d 1360, 1366 (Fed. Cir. 2007). CCM met its burden to establish entitlement under EAJA. “Substantially Justified”. The burden shifts to GSA to establish that its position was “substantially justified,” “a test that essentially looks at the reasonableness of the Government’s position.” Systems Management, 16-1 BCA at 177,749. GSA asserted that its position was substantially justified because it relied upon the Board’s decision in United Facility Services Corp. v. General Services Administration, CBCA 7618, 24-1 BCA ¶ 38,535, at 187,319, in which the Board held the maintenance contractor liable for flooding damages. GSA contended that, although the Board distinguished this appeal from the decision in United Facility, its reliance was still reasonable. The Board in United Facility found liability based on the contractor’s breach of its contractual obligation to respond to a report of a flooding event within thirty minutes. Id. In this appeal, the Board found that CCM met the contractual obligation to respond to a report of a flooding event within one hour. Crystal Clear, 25-1 BCA at 188,492. The decision in United Facility, given that it had different facts from this case, does not provide a basis for finding that GSA’s position was substantially justified. GSA also asserted that the parties substantially agreed upon the facts submitted in briefing, thereby making GSA’s position reasonable. This agreement does not establish that GSA’s position was substantially justified.

Quantum. CCM seeks $68,687.50, which it derived by multiplying the total number of hours (549.5) times the statutory cap of $125 per hour. 5 U.S.C. § 504(b)(1)(A). In support of its claim, CCM provided twenty-nine invoices for attorney fees accrued between February 2022 and March 2025. The hours on these invoices only total 548.30. In addition, there are charges on two invoices for two individuals for whom CCM has not identified as counsel or provided an explanation as to their role (invoice dated November 14, 2023, listing 0.30 hours for C. B Drake; invoice dated February 11, 2025, listing 1.7 hours for P. T. Vay).

GSA did not object to the hours claimed or support provided.

Also, one of the invoices reflects charges that do not appear related to the matter (invoice dated December 10, 2024, listing 0.20 hours for D. Dharmadasa conference regarding a solicitation). These unexplained or unrelated hours total 2.2 hours. We subtract 2.2 hours from 548.30 and find that the number of substantiated hours totals 546.1. We multiply the number of substantiated hours (546.1) by the statutory cap of $125 per hour and determine that CCM may recover $68,262.50.

Decision

We GRANT IN PART CCM’s EAJA application in the amount of $68,262.50. Marian E. Sullivan

MARIAN E. SULLIVAN

Board Judge

We concur:

Erica S. Beardsley

Board Judge

Kyle Chadwick

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Crystal Clear Maintenance, CBCA 8567-C(7547). 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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