ARMED SERVICES BOARD OF CONTRACT APPEALS 
 
Appeal of - )  
 )  
Pigott Asphalt and Sitework, LLC ) ASBCA No. 63731 
 )   
Under Contract No. FA2521-22-C-0041 )  
    
APPEARANCES FOR THE APPELLANT: Edward J. Kinberg, Esq. 
Blake B. Stewart, Esq. 
Robert M. Cloutier, Esq. 
    Steward Law CS, LLC 
    Rockledge, FL 
 
APPEARANCES FOR THE GOVERNMENT: Caryl A. Potter, III, Esq. 
    Air Force Deputy Chief Trial Attorney 
 Patricia W. Walter, Esq. 
Geoffrey R. Townsend, Esq. 
    Trial Attorneys 
  
ORDER OF DISMISSAL 
 
 The Board docketed this appeal on October 4, 2023.  On October 30, 2023, the 
government moved to dismiss the appeal for lack of subject matter jurisdiction, 
arguing that appellant failed to submit a valid claim to the contracting officer.  By 
correspondence dated November 3, 2023, appellant requested that the appeal be 
dismissed without prejudice.  The government has indicated that it would agree to 
dismiss the appeal as moot.  We observe that even if the government were to prevail 
on its motion to dismiss for lack of jurisdiction, the result would be dismissal without 
prejudice.  See TTF, L.L.C., ASBCA No. 58494, 13 BCA ¶ 35,343 at 173,464.  
Accordingly, the appeal is dismissed from the Board’s docket without prejudice. 
 
Dated:  November 21, 2023 
 
 
 
 
 
 
 
  
 
 
 
RICHARD SHACKLEFORD 
Administrative Judge 
Acting Chairman 
Armed Services Board 
of Contract Appeals 

2 
I certify that the foregoing is a true copy of the Order of Dismissal of the 
Armed Services Board of Contract Appeals in ASBCA No. 63731, Appeal of Pigott 
Asphalt and Sitework, LLC, rendered in conformance with the Board’s Charter. 
 
 Dated:   
  
 
 
PAULLA K. GATES-LEWIS 
Recorder, Armed Services 
Board of Contract Appeals