ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of -- ) 

) 

Grahams Construction Inc. ) 

) . 

Under Contract No. W912DY-l l-D-0040 ) 

APPEARANCE FOR THE APPELLANT: 

APPEARANCE FOR THE GOVERNMENT: 

ASBCA No. 61927 

Daniel G. Rosenberg, Esq. 

James McHugh Construction Co. 

Chicago, IL 

Michael P. Goodman, Esq. 

Engi,neer Chief Trial Attorney 

ORDER OF DISMISSAL 

On December 28, 2018, the Board received a letter dated December 27, 2018, on 

James McHugh Construction Co. (McHugh) letterhead, purporting to be a notice of 

appeal from a contracting officer's final decision dated November 1, 2018, which 

asserted a government claim against Grahams Construction Inc. (Grahams). The letter 

was signed by Daniel G. Rosenberg. Esq., a McHugh Senior Vice President and General 

Counsel. and indicated that he was signing "for James Mc Hugh Construction Co." In the 

letter. Mr. Rosenberg stated that McHugh was filing the appeal "on behalf of [Grahams] 

with Grahams' and [U.S. Army Corps of Engineers'] express written permission as 

detailed further herein." The Board docketed this matter as ASBCA No. 61927. 

By Order dated January 8, 2019, the Board directed Grahams to affirm, no later 

than January 23, 2019, that it wishes to pursue this appeal and that it is represented by 

Mr. Rosenberg or, if it does not wish to be represented by Mr. Rosenberg, to have a 

representative meeting the requirements of Board Rule l 5(a) file a written notice of 

appearance. The Order also directed McHugh, if Grahams failed to comply with the 

Order, to demonstrate that it has standing to pursue this appeal on behalf of Grahams or 

otherwise show cause why the appeal should not be dismissed for lack of jurisdiction by 

February 20, 2019. The Board sent the Order to Mr. Rosenberg at McHugh and to 

Grahams at the address for Grahams set forth in the final decision attached to McHugh's 

letter dated December 27, 2018. 

In an email dated January 8, 2019, sent to the Engineer Chief Trial Attorney and 

copied to the Board, Mr. Rosenberg stated, in relevant part: 

I am not legal counsel to Grahams Construction. I have never 

acted as such counsel and cannot agree to do so now or in the 
future regardless of Grahams Construction's desire or lack 

thereof.... I do believe McHugh has standing to act for 

Grahams for a variety of reasons and will address those 

reasons if it proves necessary to do so. 

The Board received no response from Grahams or McHugh to its January 8 Order, 

nor to two subsequent Orders. Without a representative meeting the requirements of 

Board Rule 15(a). the Board is unable to proceed. The appeal is dismissed. 

Dated: April 8. 2019 

RICHARD SHACKLEFORD 

Administrative Judge 

Acting Chairman 

Armed Services Board 

of Contract Appeals 

OWEN C. WILSON 

Administrative Judge 

Vice Chairman 

Armed Services Board 

of Contract Appeals 

ALEXAN 

Administrativ u e 

Acting Vice Chair an 

Armed Services Board 

of Contract Appeals 

ER 

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. 61927, Appeal of Grahams 

Construction Inc., rendered in conformance with the Board's Charter. 

Dated: 

2 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals