Narrative Opinion Summary
This case involves an appeal by L-3 Communications Corporation against a decision by the Armed Services Board of Contract Appeals, with the Secretary of the Air Force moving to dismiss the appeal as untimely. The primary legal issue revolves around the timeliness of the appeal filing under 41 U.S.C. 607(g)(1)(A), which mandates a 120-day period for filing appeals following receipt of a decision. The Secretary argued that L-3 filed its notice of appeal 121 days post-receipt, based on a certified return receipt which indicated receipt on May 12, 2008. L-3's counsel contested this, claiming receipt on May 14, 2008, and arguing that the filing period should start from personal receipt. However, the court found the certified receipt date to be valid and determined that the period begins when the decision is received by the attorney's office. The court dismissed the appeal as untimely, granted the Secretary's motion, and ordered each party to bear its own costs, while providing the Secretary an extension to file its reply.
Legal Issues Addressed
Commencement of Appeal Filing Periodsubscribe to see similar legal issues
Application: The court determined that the appeal period begins when the decision is received by the attorney's office, not when the attorney personally receives it.
Reasoning: The court references precedent that indicates the time for filing begins when the notice is received by the attorney's office, not the attorney personally, thus rendering L-3's assertions irrelevant.
Timeliness of Filing Appeals under 41 U.S.C. 607(g)(1)(A)subscribe to see similar legal issues
Application: The court applied the statute by dismissing the appeal of L-3 Communications Corporation as untimely because it was filed after the 120-day period specified by the statute.
Reasoning: The Secretary asserts that L-3 filed its notice of appeal 121 days after receiving the Armed Services Board of Contract Appeals (ASBCA) decision on May 5, 2008, which L-3 reportedly received on May 12, 2008.
Validity of Certified Receipt in Determining Receipt Datesubscribe to see similar legal issues
Application: The court upheld the validity of a certified return receipt over the appellant's claim of a later personal receipt, using it to determine the start of the appeal period.
Reasoning: L-3's counsel acknowledges the certified return receipt indicating May 12 but disputes the validity of the signature and claims he received the decision in a separate mailing on May 14, 2008.