ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of-- )
)
Mongiovi & Son ) ASBCA No. 59013
)
Under Contract No. W911 WN-10-C-0016 )
APPEARANCE FOR THE APPELLANT: Lawrence J. Sklute, Esq.
Sklute & Associates
Potomac, MD
APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq.
Engineer Chief Trial Attorney
Richard J. Sprunk, Esq.
Engineer District Counsel
U.S. Army Engineer District, Pittsburgh
ORDER OF DISMISSAL
Appellant requests the Board to dismiss this appeal without prejudice for lack of
jurisdiction on the grounds that the contracting officer's final decision was issued in
response to a equitable adjustment, rather than a Contract Disputes Act claim. The
government does not oppose appellant's request. Accordingly, this appeal is dismissed
without prejudice.
Dated: 6 February 2014
Administrative Judge
Vice Chairman
Armed Services Board
of Contract Appeals
I certify that the foregoing is a true copy of the Order of Dismissal of the Armed
Services Board of Contract Appeals in ASBCA No. 59013, Appeal ofMongiovi & Son,
rendered in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
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