DENIED: July 23, 2010
CBCA 860
HOMESOURCE REAL ESTATE ASSET SERVICES, INC.,
Appellant,
v.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
Respondent.
James S. DelSordo of Argus Legal, LLC, Manassas, VA, 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.
Richard A. Marchese and John R. Lego, Office of Regional Counsel, Department of Housing and Urban Development, Philadelphia, PA, counsel for Respondent.
Before Board Judges GILMORE, BORWICK, and DRUMMOND.
DRUMMOND, Board Judge.
Appellant, HomeSource Real Estate Asset Services, Inc. (HomeSource), and respondent, the Department of Housing and Urban Development (HUD), were parties to contract CPHI-00909 (contract) for marketing and management services for single family properties owned by or in the custody of HUD in Maryland and Washington, D.C. This 2 CBCA 860
appeal is from a contracting officer’s final decision asserting the Government’s claim of $293,200 to recover unearned discounts.1
HUD has moved for summary relief alleging that it is entitled as a matter of law to recover the unearned discounts. HomeSource no longer opposes the Government’s motion and, in a joint stipulation, admits that it owes the Government $293,918.36. Specifically, HomeSource stipulates that HUD is entitled to a judgment in its favor in the amount of $233,300 in connection with three properties referred to as case numbers 241-705629, 241 589123, and 241-745337, plus interest from July 26, 2007, through June 30, 2010.
HomeSource further stipulates that there is no dispute as to its indebtedness to HUD in the amount of $69,900 in connection with case numbers 241-620891 and 241-602729 and agrees that HUD was entitled as a matter of law to recover that amount via offset. The parties have not filed a motion to dismiss the case, however; instead, they have asked that we issue a decision resolving it.
Decision
There being no dispute as to appellant’s indebtedness to the Government in the amount of $293,200. we hold the Government is entitled to recover that amount from appellant, plus interest as appropriate. The Government’s motion for summary relief is granted and this appeal is DENIED. CBCA 859 remains before the Board.
JEROME M. DRUMMOND
Board Judge
We concur:
BERYL S. GILMORE
Board Judge
ANTHONY S. BORWICK
Board Judge
This appeal had been consolidated with CBCA 859, an appeal involving HomeSource’s claim of $571,700 for alleged increased performance costs, unpaid marketing fees, and overzealous inspections. At the request of the parties, the Board is issuing this decision separately.
This is a verbatim capture of the text layer of the Board's own document in Homesource Real Estate Asset Services, Inc., CBCA 860. 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.