Prevailing Contractor Not Entitled to Attorneys’ Fees When Agency’s Litigating Position Legally Justified; COFC No. 14-711C, Stromness MPO LLC v. United States.

Application for attorneys’ fees and costs in a successful appeal of the agency’s denial of a claim is denied, where the appellant succeeded on only five of its six claims, where the agency’s position on the successful claim was substantially justified, and where the plaintiff spent three years litigating the case after rejecting a pre-trial settlement that represented nearly the entire amount of the eventual recovery.