The government asserted two claims. Both claims related to the same alleged breach. The contractor appealed one claim, but CBCA dismissed for lack of prosecution. The contractor the appealed the other claim. That appeal was barred by res judicata.
Brandon Staffing Solutions LLC v. Department of Veterans Affairs, CBCA 7682
- Two Claims – The government issued a final decision asserting a claim against the contractor. Six days later, the government issued a second final decision. The second decision amended the first, adding an additional $26,000 in damages.
- Appeal of Second Claim Is Dismissed – The contractor appealed the second final decision to the CBCA. The board dismissed that appeal for failure to prosecute.
- Appeal of First Claim Barred by Res Judicata – After the appeal of the second claim was dismissed, the contractor appeaeed the first claim. The CBCA dismissed this appeal too. The dismissal of the previous appeal for failure to prosecute was a judgment on the merits. The second appeal raised the same issues as the first appeal. The second appeal was barred by the doctrine of res judicata.
The contractor is represented by Richard J. Harris, CEO of Brandon Staffing. The government is represented by Natica Chapman Neely of the Department of Veterans Affairs.
--Case summary by Craig LaChance, Senior Editor