February 6, 1997

Appeal of

B & W TRUCKING

SILVER FOX, JV

Under Contract No. HCR 92340

PSBCA No. 3955

APPEARANCE FOR APPELLANT:

Sheri B. Cruz, Esq.

APPEARANCE FOR RESPONDENT:

Elena V. Alejandre, Esq.

OPINION OF THE BOARD ON MOTION FOR RECONSIDERATION

In a December 12, 1996 Opinion, the Board denied Appellant’s claim for additional compensation under its contract with Respondent.  The parties had elected to submit the appeal for decision on the record without an oral hearing, and the Board established a schedule for submission of evidence and briefs.  Final

submissions were to be made by November 20, 1996.  In October, the

parties agreed to an extension of the time for submissions and, on October 11, 1996, executed a Joint Request for Time Extension to be filed with the Board, asking the Board to extend the time for final submissions to February 20, 1997.  Both parties thought the Joint Request for Time Extension had been sent to the Board, but it was never received.  No submissions were made by either party within the time allowed by the Board’s schedule, and the Board issued its Opinion on December 12, 1996.

In its Motion for Reconsideration, Appellant requests that the record be reopened for submission of additional evidence and argument.  Respondent admits agreeing to an extension for submissions, but opposes the motion, arguing that the evidence supports the Board’s Opinion.  The motion is granted.

Because they believed an extension had been granted, the parties did not file additional evidence and briefs within the time originally allowed.  The Board’s decision was reached, therefore, without the benefit of the parties’ submissions, the Board assuming that the parties had chosen not to file additional material.  Whether or not the parties were reasonable in assuming the extension had been granted when no order had been issued, they did not have an opportunity to submit evidence and argument in support of their positions.  Under these circumstances,

the December 12, 1996 Opinion in this appeal is vacated.  A new schedule will be established by separate order.

Norman D. Menegat

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

David I. Brochstein

Administrativee Judge

Vice Chairman