Barnard Construction Company, Incorporated

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeals of - )

)

Barnard Construction Company, Incorporated ) ASBCA Nos. 63387, 63749 ) )

Under Contract No. W912EP-15-C-0021 )

APPEARANCES FOR THE APPELLANT: Brian R. Dugdale, Esq.

Todd R. Metz, Esq. Owen S. Walker, Esq. Miles Stanislaw, Esq. Varela, Lee, Metz & Guarino, LLP Tysons Corner, VA

APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq.

Engineer Chief Trial Attorney Kristin M. Bigham, Esq. James M. Zaleski, Esq. Amber R. Jackson, Esq. Catherine Awasthi, Esq. Engineer Trial Attorneys U.S. Army Engineer District, Jacksonville

Allie E. Vandivier, Esq. Lucas J. Dalton, Esq. Engineer Trial Attorneys U.S. Army Engineer District, Savannah

OPINION BY ADMINISTRATIVE JUDGE HERZFELD

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 these appeals are sustained. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $55,680,000. This amount is inclusive of fees, costs, and Contract Disputes Act interest.

No further fees, cost, or interest shall be paid.

Dated: December 6, 2024

DANIEL S. HERZFELD Administrative Judge Armed Services Board of Contract Appeals

I concur I concur

OWEN C. WILSON J. REID PROUTY 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. 63387, 63749, Appeals of Barnard Construction Company, Incorporated, rendered in conformance with the Board’s Charter.

Dated: December 6, 2024

PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals