Bahadir Construction Engineering Contracting & Trading Inc. Co. and Impreza Costruzioni Giuseppe Maltauro S.p. A Joint Venture
CourtArmed Services Board of Contract Appeals
Date FiledSeptember 9, 2026
Docket64038, 64336, 64428
JudgeD'Alessandris
StatusPublished
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Full Opinion
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below is subject to an ASBCA Protective Order.
This version has been approved for public release.
ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of - )
)
Bahadir Construction Engineering ) ASBCA Nos. 64038, 64336, 64428
Contracting & Trading Inc. Co. and )
Impreza Costruzioni Giuseppe Maltauro )
S.p. A Joint Venture )
)
Under Contract No. W912ER-20-C-0010 )
APPEARANCES FOR THE APPELLANT: Stephen J. McBrady, Esq.
Skye Mathieson, Esq.
Charles Baek, Esq.
Zariah T. Altman, Esq.
Taylor McDaniels, Esq.
Crowell & Moring, LLP
Washington, DC
APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq.
Engineer Chief Trial Attorney
Katherine M. Smith, Esq.
CPT Dilwyn J. Piner, JA
Engineer Trial Attorneys
U.S. Army Engineer District, Middle East
Winchester, VA
OPINION BY ADMINISTRATIVE JUDGE D’ALESSANDRIS
ON THE GOVERNMNET’S MOTION FOR RECONSIDERATION
The government has timely moved for reconsideration of our July 16, 2026
decision in Bahadir Construction Engineering Contracting & Trading Inc. Co and
Impreza Costruzioni Giuseppe Maltauro S.p.A. Joint Venture, ASBCA No. 64038
et al., 26-1 BCA ¶ 39,092. In that decision, we denied the government’s motion
to dismiss for failure to state a claim based upon our finding that appellant’s claim
stated a sum certain. Familiarity with our prior decision is presumed.
DECISION
In deciding a motion for reconsideration, the Board examines whether the
motion is based upon newly discovered evidence, mistakes in our findings of fact,
or errors of law. J.F. Taylor, Inc., ASBCA Nos. 56105, 56322, 12-2 BCA ¶ 35,125
at 172,453. Reconsideration is not intended to afford a party an opportunity to reargue
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below is subject to an ASBCA Protective Order.
This version has been approved for public release.
positions previously presented and rejected by the Board. Precision Standard, Inc.,
ASBCA No. 58135, 16-1 BCA ¶ 36,504 at 177,860. Absent a compelling reason
to modify our original decision, the Board will deny a motion for reconsideration.
ADT Constr. Grp., Inc. by Timothy S. Cory, Chapter 7 Trustee, ASBCA No. 55358,
14-1 BCA ¶ 35,508 at 174,041.
The government’s motion fails to demonstrate that the Board erred in finding
that appellant’s claim states a sum certain. Moreover, the Board has previously
considered and rejected the arguments presented in the government’s motion.
Accordingly, the government has failed to show a compelling reason for us to modify
our original decision.
CONCLUSION
For the reasons stated above, the government’s motion for reconsideration is
denied.
Dated: September 9, 2026
DAVID D’ALESSANDRIS
Administrative Judge
Vice Chairman
Armed Services Board
of Contract Appeals
I concur I concur
J. REID PROUTY MARK A. MELNICK
Administrative Judge Administrative Judge
Acting Chairman Armed Services Board
Armed Services Board of Contract Appeals
of Contract Appeals
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below is subject to an ASBCA Protective Order.
This version has been approved for public release.
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. 64038, 64336, 64428,
Appeals of Bahadir Construction Engineering Contracting & Trading Inc. Co. and
Impreza Costruzioni Giuseppe Maltauro S.p. A Joint Venture, rendered in
conformance with the Board’s Charter.
Dated:
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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