ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
Appeals of - )  
 )  
J. R. Filanc Construction Company, Inc. ) 
) 
ASBCA Nos. 62580, 62581 
                       62616, 62645 
 )   
Under Contract No. N62473-17-C-3403 )  
    
APPEARANCES FOR THE APPELLANT: Kelly A. Floyd, Esq. 
Dustin R. Jones, Esq. 
  Finch, Thornton & Baird, LLP 
  San Diego, CA 
 
APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq. 
    Navy Chief Trial Attorney 
 David M. Marquez, Esq. 
    Trial Attorney 
  
OPINION BY ADMINISTRATIVE JUDGE HERZFELD 
 
 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 appeals are sustained.  In the nature of a consent 
judgment, the Board makes a monetary award to appellant in the amount of $2,045,138.  
This amount is inclusive of costs and Contract Disputes Act interest.  No further interest 
shall be paid. 
 
 Dated:  October 1, 2021 
 
 
 
 
 
 
 
 
 
DANIEL S. HERZFELD 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
(Signatures continued) 
                                              
* The parties have also requested that these proceedings be stayed.  There is no need to do 
so when judgment has been entered.  However, the parties’ obligation to identify 
any redactions to our September 16, 2021 Order by October 1, 2021 remains in 
effect. 


2 
 
I concur 
 
RICHARD SHACKLEFORD 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
 I concur 
 
 J. REID PROUTY 
Administrative Judge 
Vice Chairman 
Armed Services Board 
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 Nos. 62580, 62581, 62616, 
62645, Appeals of J. R. Filanc Construction Company, Inc., rendered in conformance 
with the Board’s Charter. 
 
 Dated:  October 1, 2021  
 
 
 
 
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals