Baco Epik Metis, JV

• Court: Armed Services Board of Contract Appeals
• Decided: January 9, 2014
• Docket: ASBCA No. 58540
• Status: Published

Opinion

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

c!?L£<~ MARK A. MELNICK Administrative Judge Armed Services Board of Contract Appeals (Signatures continued) I concur I concur

~~~ ·JS 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