ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
Kalaeloa Ventures, LLC ) ASBCA No. 60527
)
Under Contract No. N62742-08-RP-0057 )
APPEARANCES FOR THE APPELLANT: James J. McCullough, Esq.
Michael J. Anstett, Esq.
Fried, Frank, Harris, Shriver & Jacobson LLP
Washington, DC
Sarah M. Love, Esq.
Bruce D. Voss, Esq.
Bays Lung Rose & Holma
Honolulu, HI
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.
Navy Chief Trial Attorney
Devin A. Wolak, Esq.
Trial Attorney
OPINION BY ADMINISTRATIVE JUDGE PROUTY
The parties have resolved this appeal ∗ and request that the Board enter
judgment in favor of appellant.
It is the Board’s decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the
parties’ stipulation and agreement, that the appeal is sustained. In the nature of a
consent judgment, the Board makes a monetary award to appellant in the amount of
$1,000,000 (one million dollars).
∗
Notably, Appeal Nos. 60528 and 60529, which were consolidated with these appeals,
are NOT settled at this time and remain live and consolidated together, with
ASBCA No. 60528 as the lead appeal.
This amount is inclusive of Contract Disputes Act interest. No further interest shall be
paid.
Dated: July 6, 2022
J. REID PROUTY
Administrative Judge
Vice Chairman
Armed Services Board
of Contract Appeals
I concur I concur
JOHN J. THRASHER RICHARD SHACKLEFORD
Administrative Judge Administrative Judge
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. 60527 Appeal of Kalaeloa
Ventures, LLC, rendered in conformance with the Board’s Charter.
Dated: July 7, 2022
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
2