Baco Epik Metis, JV ( 2014 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of-- )
)
Baco Epik Metis, JV ) ASBCA No. 58540)
Under Contract No. W912ER-08-C-0048 )
APPEARANCES FOR THE APPELLANT: Mark E. Hanson, Esq.
Edmund M. Amorosi, Esq.
Smith Pachter Me Whorter, PLC
Tysons Corner, VA
APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq.
Engineer Chief Trial Attorney
Michaele J. Mandulak, Esq.
Engineer Trial Attorney
Jeremy Becker-Welts, Esq.
Tania Wang, Esq.
Engineer Trial Attorneys
U.S. Army Engineer District, Middle East
Winchester, VA
OPINION BY ADMINISTRATIVE JUDGE MELNICK
By letter from appellant's counsel dated 31 December 2013, the parties have
reported that they have settled this appeal and provided a settlement agreement. The
parties have requested a consent judgment reflecting that agreement.
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$1,500,000.
This amount is inclusive of interest. No further interest shall be paid.
Dated: 9 January 2014
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MARK A. MELNICK
Administrative Judge
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur I concur
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Administrative Judge
0
PETER D. TING
Administrative Judge
-
Acting Chairman Acting 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. 58540, Appeal ofBaco Epik
Metis, JV, rendered in conformance with the Board's Charter.
Dated:
JEFFREY D. GARDIN
Recorder, Armed Services
Board of Contract Appeals
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