Barton Malow Enterprises Inc., as successor-in-interest to its wholly owned subsidiaries, including L.C. Gaskins Construction Co. Inc. and Barton Malow Builders LLC

CourtArmed Services Board of Contract Appeals
DecidedOctober 28, 2021
DocketASBCA No. 62187
StatusPublished

This text of Barton Malow Enterprises Inc., as successor-in-interest to its wholly owned subsidiaries, including L.C. Gaskins Construction Co. Inc. and Barton Malow Builders LLC (Barton Malow Enterprises Inc., as successor-in-interest to its wholly owned subsidiaries, including L.C. Gaskins Construction Co. Inc. and Barton Malow Builders LLC) is published on Counsel Stack Legal Research, covering Armed Services Board of Contract Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barton Malow Enterprises Inc., as successor-in-interest to its wholly owned subsidiaries, including L.C. Gaskins Construction Co. Inc. and Barton Malow Builders LLC, (asbca 2021).

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of - ) ) Barton Malow Enterprises Inc., as ) ASBCA No. 62187 successor-in-interest to its wholly owned ) subsidiaries, including L.C. Gaskins ) Construction Co. Inc. and Barton Malow ) Builders LLC ) ) Under Contract No. N69450-09-C-5068 )

APPEARANCES FOR THE APPELLANT: Dirk D. Haire, Esq. Joseph L. Cohen, Esq. Fox Rothschild LLP Washington, DC

APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq. Navy Chief Trial Attorney Ellen M. Evans, Esq. Trial Attorney

OPINION BY ADMINISTRATIVE JUDGE THRASHER

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. In the nature of a consent judgment, the Board makes a monetary award to appellant in the amount of $950,000. This amount is inclusive of Contract Disputes Act interest.

Dated: October 28, 2021

JOHN J. THRASHER Administrative Judge Chairman Armed Services Board of Contract Appeals

(Signatures continued) I concur I concur

OWEN C. WILSON J. REID PROUTY Administrative Judge Administrative Judge Vice 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. 62187, Appeal of Barton Malow Enterprises Inc., as successor-in-interest to its wholly owned subsidiaries, including L.C. Gaskins Construction Co. Inc. and Barton Malow Builders LLC., rendered in conformance with the Board’s Charter.

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

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41 U.S.C. § 7105(e)

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Barton Malow Enterprises Inc., as successor-in-interest to its wholly owned subsidiaries, including L.C. Gaskins Construction Co. Inc. and Barton Malow Builders LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barton-malow-enterprises-inc-as-successor-in-interest-to-its-wholly-owned-asbca-2021.