4H Construction Corporation
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Opinion
ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeals of - ) ) 4H Construction Corporation ) ASBCA Nos. 62381, 62485, 62486 62487, 62488, 62489 62490, 62491, 62492 62493 ) Under Contract No. W912EP-19-C-0005 )
APPEARANCES FOR THE APPELLANT: S. Leo Arnold, Esq. Matthew W. Willis, Esq. Ashley & Arnold Dyersburg, TN
APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. Engineer Chief Trial Attorney Bruce E. Groover, Esq. Susan E. Symanski, Esq. Kristin M. Bigham, Esq. Engineer Trial Attorneys U.S. Army Engineer District, Jacksonville
OPINION BY ADMINISTRATIVE JUDGE CATES-HARMAN
The parties have resolved their dispute and request that the Board enter judgment in favor of appellant.
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. The Termination for Default is converted to a Termination for Convenience. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $2,650,000, inclusive of all costs, and Contract Disputes Act interest. No further interest shall be paid. The award shall be paid through the Judgement Fund, pursuant to 31 USC § 1304.
Dated: July 11, 2022
STEPHANIE CATES-HARMAN Administrative Judge Armed Services Board of Contract Appeals (Signatures continued) I concur I concur
RICHARD SHACKLEFORD OWEN C. WILSON 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 Nos. 62381, 62485, 62486, 62487, 62488, 62489, 62490, 62491, 62492, 62493, Appeal of 4H Construction Corporation, rendered in conformance with the Board’s Charter.
Dated: July 12, 2022
PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals
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