ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of -- )
)
John Shaw LLC d/b/a Shaw Building Maintenance ) ASBCA No. 61379
)
Under Contract No. AAFES REZ-09-002-10-026 )
APPEARANCE FOR THE APPELLANT: Mr. John Shaw, Jr.
Owner
APPEARANCES FOR THE GOVERNMENT: Raymond M. Saunders, Esq.
Army Chief Trial Attorney
CPT John M. McAdams III, JA
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE MCILMAIL
ON APPELLANT'S MOTION TO AMEND COMPLAINT
Only this month we denied appellant's motion to amend its complaint to add a
request for punitive damages, explaining that we have no authority to award such
damages. John Shaw LLC d/b/a Shaw Building Maintenance, ASBCA No. 61379,
slip op. at 1-2 (Mar. 8, 2018). Now appellant requests leave to amend its complaint to
request exemplary damages, which, it says, are the same thing as punitive damages. We
do not have authority to award punitive or exemplary damages. Daiei Denki Co.,
ASBCA No. 29756, 86-2 BCA ,i 18,840 at 94,951. Appellant cites Erwin Pfister
General-Bauunternehmen, ASBCA No. 43980 et al., 01-2 BCA ,i 31,431, but we did not
award exemplary damages in those appeals; we dismissed those appeals. Id. at 155,226.
Appellant's motion for leave to amend its complaint is denied.
Dated: 3 April 2018
Administrat· e Judge
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur I concur
RJCH~FORD
Administrative Judge Administrative Judge
Acting Chairman Vice Chairman
Armed Services Board Armed Services Board
of Contract Appeals of Contract Appeals
I certify that the foregoing is a true copy of the Opinion and Decision of the Armed
Services Board of Contract Appeals in ASBCA No. 61379, Appeal of John Shaw LLC
d/b/a Shaw Building Maintenance, rendered in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals