ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of -- )
)
Atherton Construction, LLC ) ASBCA No. 59505
)
Under Contract No. W912DW-04-C-0008 )
APPEARANCE FOR THE APPELLANT: Kevin A. Rosenfield, Esq.
Jackson Rosenfield LLP
Seattle WA
APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq.
Engineer Chief Trial Attorney
Francis X. Eugenio, Esq.
Assistant District Counsel
U.S. Army Engineer District, Seattle
OPINION BY ADMINISTRATIVE JUDGE SCOTT
It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the
parties' Release and Settlement Agreement, that this appeal is sustained. In the nature
of a consent judgment, the Board makes a monetary award to appellant in the lump
sum amount of $855,000.00 inclusive of interest. No further interest shall be paid.
Dated: 27 March 2015
aministrative Judge
Armed Services Board
of Contract Appeals
I concur I concur
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Administrative Judge
RICHARD SHACKLEFORD
Administrative Judge
Acting Chairman Vice Chairman
Armed Services Board Armed Services Board
of Contract Appeals of Contract Appeals
I certify that the foregoing is a true copy of the Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 59505, Appeal of Atherton
Construction, LLC, rendered in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
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