ARMED SERVICES BOARD OF CONTRACT APPEALS 
Appeal of--
Laguna Construction Company, Inc. 
Under Contract No. F A8903-06-D-85 l 
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APPEARANCE FOR THE APPELLANT: 
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APPEARANCES FOR THE GOVERNMENT: 
ASBCA No. 59108 
Michael F. Menicucci, Esq. 
Calvert & Menicucci 
Albuquerque, NM 
Lt Col James H. Kennedy III, USAF 
Air Force Chief Trial Attorney 
Maj Michael G. King, USAF 
Capt Adam N. Olsen, USAF 
Trial Attorneys 
OPINION BY ADMINISTRATIVE JUDGE DELMAN ON CROSS-MOTIONS 
FOR PARTIAL SUMMARY JUDGMENT 
The parties have filed cross-motions for partial summary judgment in this 
appeal. We have jurisdiction under the Contract Disputes Act, 41 U.S.C. 
§ § 7101-7109. 
This appeal involves the government's revocation of acceptance of the contract 
work - the construction of a taxiway at Randolph Air Force Base, Texas - due to 
pavement cracking in the taxiway (Failure I), and also involves the damages flowing to 
the parties resulting from the re-work, including damages arising from pavement 
cracking in the work that was re-performed (Failure II). Our review of the record 
reveals a number of disputed material facts, including, but not limited to the following: 
1. The cause of taxiway pavement cracking in Failure I; 
2. The scope of Failure I, and whether the government's direction to appellant to 
re-perform all the work was supported by the failures observed and the contract; 
3. The cause of taxiway pavement cracking in Failure II. 
It is well settled that in order to obtain summary judgment a party must show 
that there are no material factual disputes of record, and it is entitled to judgment as a 
matter oflaw. Mingus Constructors, Inc. v. United States, 812 F.2d 1387, 1390 
(Fed. Cir. 1987). Neither party has met its burden here. 

CONCLUSION 
The parties' cross-motions for partial summary judgment are denied. 
Dated: 17 March 2015 
I concur 
~~ / MARK N. s~ER 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 
Administrative Judge 
Armed Services Board 
of Contract Appeals 
I concur 
RICHARD SHACKLEFORD 
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 No. 59108, Appeal of Laguna 
Construction Company, Inc., rendered in conformance with the Board's Charter. 
Dated: 
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JEFFREY D. GARDIN 
Recorder, Armed Services 
Board of Contract Appeals