Head Inc. - Diaz Joint Venture

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
Head Inc. - Diaz Joint Venture ) ASBCA No. 63351)
Under Contract No. N69450-17-C-0503 )
APPEARANCES FOR THE APPELLANT: Michael H. Payne, Esq.
Cohen Seglias Pallas Greenhall & Furman PC
Philadelphia PA
Casey J. McKinnon, Esq.
Stephen D. Tobin, Esq.
Cohen Seglias Pallas Greenhall & Furman PC
Washington, DC
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.
Navy Chief Trial Attorney
J. Alexandra Fitzmaurice, Esq.
Trial Attorney
Naval Air Station Jacksonville, FL
OPINION BY ADMINISTRATIVE JUDGE THRASHER
The parties have resolved their dispute 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 $1,250,000.
This amount is inclusive of Contract Disputes Act interest. No further interest shall be
paid. Each party shall bear its own costs, including attorney fees. Appellant waives any
right it may have to attorney fees under the Equal Access to Justice Act or any other
authority.
Dated: March 20, 2023
JOHN J. THRASHER
Administrative Judge
Chairman
Armed Services Board
(Signatures continued) of Contract Appeals
I concur I concur
RICHARD SHACKLEFORD J. REID PROUTY
Administrative Judge Administrative Judge
Vice 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. 63351, Appeal of Head Inc. -
Diaz Joint Venture, rendered in conformance with the Board’s Charter.
Dated: March 21, 2023
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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