Trade West Construction, Inc. ( 2015 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of -- )
)
Trade West Construction, Inc. ) ASBCA No. 59488)
Under Contract No. W9128A-12-C-0026 )
APPEARANCES FOR THE APPELLANT: Karl Dix, Jr., Esq.
Jonathan R. Mayo, Esq.
Smith, Currie & Hancock LLP
Atlanta, GA
APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq.
Engineer Chief Trial Attorney
Robyn U. Au, Esq.
Jonathan A. Swanson, Esq.
Engineer Trial Attorneys
U.S. Army Engineer District,
Honolulu
OPINION BY ADMINISTRATIVE JUDGE PEACOCK
The Board issued an Opinion in this appeal on 19 February 2015. By letter
dated 12 March 2015, the parties notified the Board that they wish to apply for
payment from the Judgment Fund of a lesser amount than originally anticipated.
Accordingly, the Board hereby vacates its 19 February 2015 Opinion and issues this
Opinion in its place.
Pursuant to a mediation conducted by the Board, the parties have settled the
appeal. The parties have entered into a settlement agreement and have jointly
requested that the Board enter judgment in the above-referenced appeal.
It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the
parties' stipulation and agreement, that the appeal is sustained. In the nature of a
consent judgment, the Board makes a monetary award to appellant in the amount of
$1,225,000.00. The Corps of Engineers has paid $400,000.00 to Trade West
Construction, Inc., and will pay an additional $300,000.00 by 31March2015.
The remaining balance ($525,000.00) will be submitted for payment from the
Judgment Fund. This amount is inclusive of interest. No further interest shall be paid.
Dated: 16 March 2015
Administrative Judge
Armed Services Board
of Contract Appeals
I concur I concur
``··-RI-CHA--RD-S_H_A_C_K-LE_F_O_RD _ _ __
Administrative Judge 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. 59488, Appeal of Trade
West Construction, Inc., rendered in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
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